In a recent report disclosed by Raw Story on December 27, 2023, concerns have been raised by two eminent legal scholars highlighting the perilous risk to democracy and civil liberties should former President Donald Trump secure a second term, wielding the powers vested in the Insurrection Act.
Bob Bauer, former White House counsel during President Barack Obama’s administration, and Jack Goldsmith, a former assistant attorney general serving under President George W. Bush, collaborated on an op-ed featured in the New York Times. The article, published on Tuesday, vehemently urges Congress to swiftly amend the Insurrection Act, warning of dire consequences if action is delayed.
Enacted in 1807, the Insurrection Act grants the President broad authority to employ the armed forces and state militias in quelling insurrections, enforcing federal laws, and safeguarding civil rights. Yet, its ambiguous and expansive nature allows the President to act without Congressional consultation or approval.
The scholars assert that this Act poses an extraordinary threat, particularly in the hands of a leader like Trump, known for disregarding legal norms and democratic principles. Citing instances including his endeavors to overturn the 2020 election outcome, his incitement of the Capitol riot on January 6, and threats to deploy the Insurrection Act during protests against racial injustice, they underscore the imminent danger.
“The Insurrection Act remains a loaded weapon, nearly triggered by President Trump, and stands as a potential tool for future abuse,” they cautioned. “Congress must act preemptively to prevent a constitutional crisis.”
Proposed reforms to the Act include narrowing its scope, specifying triggers, and imposing limits on its duration. Additionally, the scholars advocate for enhanced Congressional oversight and approval regarding its implementation, along with bolstering judicial review mechanisms.
Drawing parallels to Congress’s efforts to revise the Electoral Count Act of 1887, which Trump exploited to contest the 2020 election, Bauer and Goldsmith urge bipartisan collaboration in amending the Insurrection Act. They highlight the urgency of these changes before the upcoming 2024 election, where Trump’s potential candidacy raises the specter of invoking this Act to suppress opponents or dispute election results.
“These straightforward adjustments would mark a momentous reform and are preferable to no action,” they emphasized. “The paramount and pressing objective is to curtail the President’s unchecked authority under the Insurrection Act.”
