Blumenthal Fights to Limit Unchecked Presidential Authority Under the Insurrection Act in Senate NDAA

[WASHINGTON, DC] – During the mark-up of the National Defense Authorization Act (NDAA) by the Senate Armed Services Committee, U.S Senator Richard Blumenthal (D-CT) fought to include a provision to restrict the President’s authority under the Insurrection Act. Blumenthal secured a vote on his amendment during the Committee mark-up, although it ultimately failed on a party-line vote. He will continue to champion this provision when the NDAA is considered on the Senate floor.

“President Trump has threated to use our military as an instrument to crush dissent and silence calls for justice from thousands of Americans protesting centuries of racist oppression,” Blumenthal said. “Our armed forces swear an oath to protect our constitutional freedoms, not to limit them. I’m disappointed more of my Senate Armed Services Committee colleagues don’t agree that the use of military force against Americans at home should demand at least the same Congressional oversight that applies to his use of force against adversaries abroad. I’m going to keep fighting for these provisions when the NDAA comes to the Senate floor and as it makes its way through the House.”

The provision is based on legislation Blumenthal introduced last week to reform the centuries-old Insurrection Act, which gives the President broad and vague authority to deploy troops – either with or without the request of a state – to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.” The current law has been used sparingly by other presidents given the potential for the military to escalate tensions, rather than restore order, during a domestic crisis.

The amendment Blumenthal sought to include in the Committee-passed NDAA would:

• Clarify that the Insurrection Act can only be invoked to protect – not restrict – civil rights.
• Require the President to consult with Congress prior to invoking the Insurrection Act.
• Require the President to provide a joint certification to Congress that the state requested assistance, or is unable or unwilling to enforce federal law. This joint certification must provide an explicit justification for the use of the Insurrection Act’s authority and a full description of the scope and duration of its use.

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