Trump’s Insurrection Act: The Presidential Get-Out-Of-Jail-Free Card

On October 7, 2025, President Trump announced from his Oval Office throne that the Insurrection Act—which has been gathering dust since 1807 and ignored for decades—is suddenly back in vogue. Intended to federalize the militia to crack down on 'unlawful obstructions' in Democrat-led cities like Chicago and Los Angeles (where judges have repeatedly slapped the wrist of his National Guard deployments for breach of the Posse Comitatus Act), Trump’s rationale was classic: courts/govs holding him up, people hypothetically dying, so why not muscle in with troops? The Brennan Center calls this ancient law a legal free-for-all ripe for misuse, noting the Supreme Court gave the president largely unchecked power back in 1827, with a side-eye warning courts can only intervene if he’s really, really bad at his job—which, given recent events, might be debatable. Meanwhile, lawsuits fly from Illinois AG Raoul and shocked judges as Trump’s MAGA crew dreams of using troops to 'secure the border' and preempt protests come Inauguration Day. We’re all terrible drivers of our own lives, but Trump’s driving the country with a vintage legal speedboat registered circa 1807, waving an authority whip that hasn’t been updated in 150 years. Buckle up.

Share the Story

(1 of 3)
Swipe to navigate

Source: Axios | Published: 10/7/2025 | Author: Avery Lotz