What Is the Insurrection Act? A Plain-English Explainer

The Insurrection Act is a US federal law that lets the president deploy the military or federalised National Guard troops inside the country to suppress an insurrection, rebellion or obstruction of federal law. It is the main exception to the Posse Comitatus Act, which normally bars federal troops from acting as police.

This explainer summarises the law and its history from the sources below. It does not take a position.

What does the Insurrection Act say?

The law is codified at 10 U.S.C. §§ 251–255. The Brennan Center and NPR describe three paths:

1. A state legislature or governor asks for help against an insurrection.
2. Without state consent, when "unlawful obstructions, combinations, or assemblages, or rebellion" make it impracticable to enforce federal law through ordinary courts.
3. Without state consent, to suppress violence or conspiracy that hinders federal law or deprives people of constitutional rights.

Before deploying troops, the president must first issue a proclamation ordering those involved to disperse.

How is it different from a National Guard deployment?

Guard troops called up under Title 10 or Title 32 generally cannot make arrests or conduct searches. Troops deployed under the Insurrection Act can carry out law-enforcement duties.

When has the Insurrection Act been used?

AP counts more than two dozen invocations. Examples include President Eisenhower in 1957, to enforce school desegregation in Little Rock, and President George H. W. Bush in 1992, after California's governor requested help during the Los Angeles riots. The 1992 case is the most recent invocation.

Has it been invoked in 2025 or 2026?

According to NPR, CBS and the ACLU, it has not been invoked as of their reporting. The 2025 Guard deployments relied on other statutes, and in December 2025 the Supreme Court ruled in Trump v. Illinois against the administration's legal theory for federalising the Guard in Chicago. Brookings notes that the Court did not address the Insurrection Act itself.

FAQ

When was the Insurrection Act passed? In 1807, building on 1790s militia laws, with later amendments.

Does it suspend the Constitution? No. Troops remain bound by the Constitution, and courts can review some uses.

Who decides what counts as an insurrection? The statute leaves this largely to the president, which is why legal scholars debate it.

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Sources

• 01law.cornell.edu/uscode/text/10/251
• 02npr.org/2026/01/15/nx-s1-5678612/minneapolis-insurrection-act-trump-threats
• 03apnews.com/article/trump-insurrection-act-history-fdr-minneapolis-901631b98c96a425dc0c9b10a041bdac
• 04brennancenter.org/our-work/research-reports/insurrection-act-explained
• 05brookings.edu/articles/domestic-deployments-after-trump-v-illinois/