January 15, 2026
We need to talk about the Insurrection Act….because President Trump is talking about the Insurrection Act…and this isn’t the first time he’s done it.
He wrote today – if the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the patriots of ice who are only trying to do their job, I will institute the Insurrection Act which many presidents have done before me and quickly put an end to the travesty that is taking place in the once great state.
Obviously Trump is responding to the unrest we’re seeing on the ground in Minneapolis after he ordered what he calls the largest federal immigration crackdown in US history. There is a lot in that post that is Trump’s opinion and perspective…which you may or may not agree with. But the reality is – when it comes to the Insurrection Act – Trump’s perspective and opinion on the situation is really the only thing that matters.
So if trump does invoke it – which he has not yet done and has definitely threatened to invoke before – what does that look like what does it mean?
The Insurrection Act – is technically not one law it’s a bunch of laws that have been around for hundreds of years. This set of laws authorizes the president of the united states to deploy the US military inside the border of the United States to — suppress an insurrection in a state if asked to do so by a governor, — to suppress a rebellion or enforce laws when ordinary judicial proceedings are insufficient – or to – suppress insurrection, domestic violence, unlawful combination or conspiracy that obstructs state or federal law execution which deprives citizens of constitutional rights if state authorities can’t protect them.
So – the question is – what is the definition of rebellion or insurrection? The law defines it as inciting, setting foot, assisting or engaging in any rebellion or insurrection against the authority of the United States the laws there of, or gives aid or comfort to those who do.
Now – if you’ve ever looked a word up in the dictionary and the definition includes that same word you’re looking up – you know that’s not a definition at all – because what does that word actually mean? And that’s what we have with the insurrection act. The issue with the laws that make up the insurrection act is that they are extremely vague. They are over broad and they can easily be interpreted in any way and abused because of the lack of definitions. There is no definition of insurrection or rebellion or domestic violence. Congress has not updated these laws that clarifies those definitions in more than 100-years and the courts have really not gotten involved.
That’s why I said the only opinion that matters when it comes to the insurrection act – is Trump’s because what we know about the law is he clearly has the power to invoke the insurrection act if he believes what he sees in minnesota qualifies as an insurrection or rebellion.
So *if* he does invoke the insurrection act what does that look like? Well normally u-s military cannot be on the streets of America conducting civilian law enforcement operations because of the posse comitatus act. Which explicitly bans that from happening because that threatens civil liberty. But the insurrection act is a valid exception to the Posse Comitatus Act. So if Trump does invoke the insurrection act – you will probably see the US military on the streets of Minneapolis working alongside ICE agents and Homeland Security officers. The insurrection act does not limit the number of military members the president can send to Minnesota but most importantly the insurrection act does not give the military the power to violate your constitutional rights. Your first, fourth, fifth and sixth amendment rights to free speech, to your right to silence, your right to have a lawyer, and your right to not be subjected to unreasonable searches and seizures. They will still need a warrant…even if it’s the US military asking while being deployed through the insurrection act.
