Understanding the Insurrection Act
The Insurrection Act (10 U.S.C. §§ 331–335) provides the President authority to deploy federal forces to suppress rebellion or enforce federal law when ordinary measures fail. Its key provisions include:
- Section 331— Allows a state’s governor or legislature to request federal aid if an insurrection threatens its government.
- Section 332— Permits presidential deployment when “unlawful obstructions” or “rebellion” make it impracticable to enforce federal law through normal judicial means.
- Section 333— Enables the President to act without state request if domestic violence or conspiracy denies citizens their constitutional rights and local authorities “are unable, fail, or refuse to protect” them.
Historically, the Act was invoked by President Eisenhower to enforce desegregation in Little Rock (1957), by President Johnson during the Detroit riots (1967), and by President George H.W. Bush in Los Angeles (1992). Each time, the Act tested the balance between federal power and state sovereignty.
