Blumenthal Statement on House Voting to Limit Unchecked Presidential Authority Under the Insurrection Act in NDAA

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) issued the following statement after the U.S. House of Representatives voted to pass a modified version of the CIVIL Act as an amendment to the National Defense Authorization Act (NDAA), restricting the President’s authority under the Insurrection Act:

“The Senate must join in this reform— making the President accountable to Congress whenever he uses American military force against Americans. As the President escalates his threats against fundamental freedoms, accountability is all the more urgent. Our American military should defend our liberties, not endanger them— misdirected by a misguided President.”

Blumenthal will continue to champion the provision to restrict the President’s authority under the Insurrection Act when the NDAA is considered on the Senate floor this week. Blumenthal secured a vote on his amendment during the Senate Armed Services Committee mark-up in June, although it ultimately failed on a party-line vote.

The provision is based on legislation Blumenthal introduced in June 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 House-passed amendment contains the following key provisions from Blumenthal’s CIVIL Act:

• Requires the President to consult with Congress prior to invoking the Insurrection Act
• Prohibits the President from invoking the Insurrection Act unless the President provides a certification to Congress
• Restricts direct participation of military personnel in search, seizure, arrest, or other law enforcement activity unless expressly authorized by law.

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