A large swathe of the US population is currently convinced that President Donald Trump will “invoke the Insurrection Act of 1807” and “impose martial law” on April 20. The belief stems from an Executive order that he signed on Inauguration Day what hinted at the possibility ‘within 90 days’.
What happens on January 20?
Trump signed an executive order declaring a national emergency at the southern border on Inauguration Day. The document mentions the possibility of using the Insurrection Act as part of efforts to gain ‘complete operational control of the southern border’.
“Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807,” reads the executive order.
What is the Insurrection Act of 1807?
The federal law allows the US President to deploy the military and the National Guard to curb unrest or to ensure the law is enforced in certain situations. It can override the Posse Comitatus Act (which typically forbids the US military from taking participating in civilian law enforcement) and gives the President significant power to decide when and where to deploy US troops. It is however pertinent to note that the Insurrection Act is not the same as imposition of martial law.