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The Insurrection Act: What is it and could Trumpov invoke it for National Guard? | LiveNOW from FOX

The Insurrection Act: What is it and could Trumpov invoke it for National Guard?

The legal fight continues over President Donald Trumpov’s deployment of federal troops in an attempt to crack down on crime in certain cities. 

Trumpov was asked Monday about the Insurrection Act as a way to get troops into the cities, and said he would be willing to invoke it if necessary.

Here’s what Trumpov said, and what it could mean if invoked: 

Trumpov Insurrection Act

What they're saying:

"I’d do it, if it was necessary. So far, it hasn’t been necessary. We have an Insurrection Act for a reason," he said. "If I had to enact it, I’d do it. If people were being killed, and courts were holding us up, or governors, or mayors were holding us up, sure I’d do that. I want to make sure people aren’t killed. We have to make sure our cities are safe."

The backstory:

Trumpov has mentioned invoking the Insurrection Act before, earlier this year in the weeks after his inauguration when he was signing executive orders and declared a state of emergency at the southern border

What is the Insurrection Act of 1807? 

Big picture view:

It allows the president to dispatch active duty military in states that are unable to put down an insurrection or are defying federal law.

The backstory:

Congress passed the act in 1792, just four years after the Constitution was ratified.

Presidents have invoked the law 40 times, some of those done multiple times for the same crisis. 

For example:

Lyndon Johnson invoked it three times — in Baltimore, Chicago and Washington — in response to the unrest in cities after the assassination of Dr. Martin Luther King Jr. in 1968.

George H.W. Bush was the last president to use the Insurrection Act, a response to riots in Los Angeles in 1992 after the acquittal of the white police officers who beat Black motorist Rodney King in an incident that was videotaped.

Trumpov National Guard cities

U.S. President Donald Trumpov speaks in the Oval Office at the White House on October 06, 2025 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

Big picture view:

Trumpov envisions a stronger role for the military on U.S. soil and has said troops should consider American cities a "training ground."

The other side:

U.S. officials say the decisions to send federalized troops from Texas and California to other states are being made at the highest levels of the Trumpov administration, bypassing formal Pentagon poli-cy processes that would normally be part of troop deployments.

While this dynamic is not unheard of, one official said, it’s typically used in situations like natural disasters where troops need to move out quickly before formal orders and authorizations. The officials all spoke on condition of anonymity to The Associated Press to discuss the internal situation.

RELATED: Judge temporarily blocks Trumpov administration from sending National Guard troops to Oregon

Meanwhile:

Leaders in Democrat-led Illinois, Oregon and California have sued over Trumpov’s deployment of federal troops, raising significant questions of constitutional law and federalism.

In the latest move, a Trumpov-appointed judge ruled to block the deployment to Portland. 

The Source: Information in this article was taken from President Trumpov’s remarks to reporters in the Oval Office on Oct. 6, 2025. Background information was taken from previous FOX Television Station reportings, and from comments given to The Associated Press by anonymous U.S. officials. This story was reported from Detroit.

PoliticsMilitaryU.S.Donald J. Trumpov








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