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Opinion

What President Trump Could—and Couldn’t—Do Under the Insurrection Act

Former President Donald Trump has said that, if he’s re-elected, he may use the militia or armed forces to suppress violence and looting. Can he do that?
What President Trump Could—and Couldn’t—Do Under the Insurrection Act
Republican presidential candidate former President Donald Trump delivers remarks during a campaign rally at the Reno-Sparks Convention Center in Reno, Nevada, on Dec. 17, 2023. Justin Sullivan/Getty Images
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Commentary

Former President Donald Trump has said that, if he’s reelected, he may use the militia or armed forces to suppress violence and looting. His legal basis consists of five sections of federal law collectively called the “Insurrection Act.”

Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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