Lawfare Archive: Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

Lawfare Archive: Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

From April 12, 2024: The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.

On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.

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Lawfare Archive: Nayna Gupta on the Laken Riley Act

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From February 7, 2025: On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley A...

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Lawfare Daily: Lessons for Civilian Harm Mitigation in Urban Warfare, from Gaza and Beyond

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For today's podcast, we're bringing you the audio for a panel discussion that Senior Editor Scott R. Anderson hosted this past November, at a conference on Precision Lethality and Civilian Harm Mitiga...

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This week, Scott sat down with Editor in Chief Benjamin Wittes, who recently returned from Ukraine, and Lawfare’s Ukraine Fellow Anastasiia Lapatina, to go through the latest developments in that coun...

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Lawfare Daily: Why AI Won't Revolutionize Law (At Least Not Yet), with Arvind Narayanan and Justin Curl

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Alan Rozenshtein, research director at Lawfare, speaks with Justin Curl, a third-year J.D. candidate at Harvard Law School, and Arvind Narayanan, professor of computer science at Princeton University ...

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Lawfare Daily: Dockets Die in Darkness with Peter Beck and Seamus Hughes

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In his recent piece for Court Watch, a news site covering interesting, yet often overlooked federal court filings, Lawfare Associate Editor Peter Beck wrote about the Middle District of Georgia, which...

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Lawfare Daily: What To Expect on the Immigration Front in Year 2 of Trump's Second Term

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In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Molly Roberts to discuss a congressional hearing into ...

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Lawfare Archive: Asylum-Seekers and the EU Migration Pact

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From April 1, 2024: In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants a...

8 Feb 55min

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