Insurrection Act – Power – Precedent - Peril - Could It Be Used Today?

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Insurrection Act – Power – Precedent - Peril - Could It Be Used Today?

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Episode 3: “Could It Be Used Today?” examines how the Insurrection Act might be invoked in the modern United States and what that would mean in practice. The episode explores recent threats and near-invocations, explains the legal steps a current president would take, and highlights concerns raised by constitutional scholars about the law’s broad and vague language. It analyzes potential checks from states, Congress, and the courts, while noting how limited judicial guidance exists. Drawing on historical precedent, the episode considers the real-world social, political, and cultural consequences of deploying troops at home—and the unresolved questions facing American democracy if the Act is used again.
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