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: Anna Bower on Judge McBurney’s Deliberations

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From January 25, 2023: Judge Robert McBurney of the Superior Court of Fulton County held a hearing on Tuesday to decide whether or not to release the Fulton County Special Grand Jury's report on 2020 ...

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This week, Scott sat down with his Lawfare colleagues Molly Roberts, Michael Feinberg, and Troy Edwards to talk through the week’s big warrant-related national security news, including:“Tulsi Went Dow...

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On today's podcast, Executive Editor Natalie Orpett speaks with Lawfare Senior Editor Scott R. Anderson about the recently announced U.S. plan to take possession of Venezuelan oil, sell it on the worl...

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Cynthia Miller-Idriss, a professor at American University, discusses her new book, "Man Up: The New Misogyny & the Rise of Violence Extremism," with Lawfare Foreign Policy Editor Daniel Byman. She exp...

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From January 27, 2025: In a live conversation on January 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, Quinta Jurecic, and Alan Rozenshtein...

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