Application

The Insurrection Act has been invoked throughout American history. In the 19th century, it was invoked during conflicts with Native Americans. In the late 19th and early 20th centuries, it was invoked during labor conflicts. Later in the 20th century, it was used to enforce federally mandated desegregation,[10] with Presidents Dwight D. Eisenhower and John F. Kennedy invoking the Act in opposition to the affected states' political leaders to enforce court-ordered desegregation.[11] More recently, governors have requested and received support most recently following looting in the aftermath of Hurricane Hugo in 1989 and during the 1992 Los Angeles riots.[12]

In 2006, the George W. Bush administration considered intervening in the state of Louisiana's response to Hurricane Katrina despite the refusal from Louisiana's governor, but this was inconsistent with past precedent, politically difficult, and potentially unconstitutional.[3]:73–75 A provision of the John Warner National Defense Authorization Act for Fiscal Year 2007, added by an unidentified sponsor, amended the Insurrection act to permit military intervention without state consent, in case of an emergency that hindered the enforcement of laws.[1] Bush signed this amendment into law, but some months after it was enacted, all fifty state governors issued a joint statement against it, and the changes were repealed in January 2008.[1]

On June 1, 2020, President Donald Trump warned that he would invoke the Act in response to the demonstrations following the killing of George Floyd.[13][14][15] In his official statement, Trump urged "every governor to deploy the National Guard in sufficient numbers" to re-establish civil law and order "until the violence has been quelled".[16]

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