From Alexander Muse at Amuse on X:
The Insurrection Act is an old statute with a modern purpose. It is a legal bridge between two truths that sit uneasily together. One truth is that the US is a union of states with real sovereignty in matters of policing and public order. The other truth is that the US is one nation with one set of federal laws, one Constitution, and one federal government charged with executing its laws everywhere. When those truths collide, a republic needs a rule for who must yield, and under what conditions. The Insurrection Act supplies that rule.
To see why, start with the early Republic. The Constitution authorizes Congress to call forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. It also makes the President Commander in Chief once those forces are in federal service. Congress implemented this constitutional design through the Militia Acts of 1792 and 1795. Those statutes gave the President the power to summon state militias to confront insurrections and invasions, but they did so with caution and with checks. One of those checks was the requirement, in some situations, of a judicial certification that ordinary law enforcement was overwhelmed. Even at the founding, Americans understood the tradeoff. A government that cannot enforce its laws will not stay a government for long. A government that casually deploys soldiers against its citizens risks becoming something else.
George Washington’s response to the Whiskey Rebellion in 1794 put that tradeoff into practice. The federal government acted. It did so through legal channels, and it did so to enforce federal law. The core idea was not punishment. It was the preservation of a basic fact about political order, that laws will be executed even when a region decides it would rather not.
By 1807, Thomas Jefferson faced problems that the militia framework did not fully cover. The Republic confronted frontier instability, cross border threats, and a particularly ominous episode, the Burr conspiracy, a suspected plot that combined private armed ambition with the prospect of rebellion in the west. Jefferson concluded that the government might need to respond quickly, and that relying only on state militias might be too slow, too uneven, or too dependent on local will. He therefore sought statutory authorization to use regular federal forces at home. Congress responded with the law signed March 3, 1807, an act authorizing the employment of the land and naval forces of the United States in cases of insurrections. (Read more.)


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