This apprehension, shared by many in the mainstream media and some Democrats, has led to a reevaluation of the extent of executive power in the United States.
This cyclical phenomenon, where the prospect of a Republican taking office triggers a sudden realization among progressives that the federal government might be excessively powerful, is not new.
March 30, 2024
However, the magnitude of this reaction is heightened due to the polarizing figure of Trump. The Democrats, in particular, have been reminded of the "Insurrection Act" and the potential for its misuse.
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In a recent article, NPR reported, "A bipartisan group of legal experts is sounding an alarm about presidential power this election season. They're pushing Congress to update a cluster of laws known as the Insurrection Act and limit how the White House can deploy troops on American soil, in case a future president takes advantage of that sweeping power."
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The fear is that Trump, if reelected, could potentially misuse the military to enforce his will domestically. Elizabeth Goitein, senior director of the Liberty & National Security Program at the Brennan Center for Justice, expressed this concern, stating, "It's really up to the president to decide when to use the armed forces as a domestic police force. And that is tremendous cause for concern, because an army turned inward can very quickly become an instrument of tyranny."
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The Insurrection Act, which predates modern state and local police departments, grants the president the authority to deploy the military domestically during emergencies to quell unrest or rebellion. The last invocation of this law was in 1992 by President George H.W. Bush to suppress violence in Los Angeles following the acquittal of police officers involved in the Rodney King beating.
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However, Goitein points out that the Act is most remembered for its use by President Dwight Eisenhower to enforce school desegregation in Little Rock, Arkansas. More recently, it was considered following the devastation of Hurricane Katrina and prior to the storming of the U.S. Capitol on January 6, 2021.
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To further illustrate the potential danger of a Trump presidency with access to the Insurrection Act, NPR interviewed Maryland Congressman Jamie Raskin. He stated, "Stewart Rhodes, who's been convicted of seditious conspiracy, which means conspiracy to overthrow or put down the government, was essentially calling on President Trump to use the Insurrection Act for the purposes of perpetrating an insurrection. The general principle is that we don't live in a military dictatorship and we don't use the military for ordinary law enforcement purposes."
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Despite these fears, there is no evidence to suggest that Trump would use the military as his personal law enforcement agency against his opponents. Critics argue that these concerns are unfounded and that Trump's detractors have exaggerated his potential for misuse of power.
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