"Trump has said if courts rule against his efforts to use a rarely used statute to deploy National Guard troops, he would consider invoking the Insurrection Act, a centuries-old set of laws that allow the president to deploy federal military personnel domestically to suppress rebellion and enforce civilian law. Insurrection Act invocations aren't as commonplace as Trump made them out to be."
"Trump is wrong to say the act gives him unquestioned power, legal experts said. Due process rights under the Constitution remain in place and courts can rule on the invocation's legality even if they've been historically deferential to a president's use of the law. His statement also ignores critical context about the conditions under which the act has previously been invoked."
President Donald Trump said he still could send military into Chicago and mentioned the Insurrection Act as an option but claimed he chooses not to use it. The Insurrection Act allows the president to deploy federal military personnel domestically to suppress rebellion and enforce civilian law. The act has been invoked 30 times by 17 presidents (about 37%) and has not been used in more than 30 years. Legal experts say the act does not grant unquestioned power; due process rights remain and courts can review legality. Historically, invocations occurred during clear rebellions, not for protests over immigration or crime.
Read at Poynter
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