Insurrection Act of 2025
The Insurrection Act of 2025 would replace the current insurrection provisions in Title 10 of the U.S. Code with a new framework that allows limited use of the U.S. Armed Forces to suppress insurrection or rebellion, quell domestic violence, or enforce laws when state and local authorities are overwhelmed and federal civilian law enforcement cannot safely address the situation. Deployment would be treated as a last resort and would require a state (or its governor) requesting assistance (or, in some cases, a supermajority of the state legislature) and a documented anticipation of the situation exceeding local capabilities. The President could order active-duty reserve forces to intervene under strict conditions, subject to congressional oversight, civilian law, and standing rules of force. The bill also creates a formal, time-limited process for congressional approval, ongoing reporting, and judicial review, and it includes specific safeguards around voting rights and the use of force. In short, the bill codifies a new, statutory process with explicit triggers, consultation and reporting requirements, oversight mechanisms, time limits, and judicial remedies to govern when and how the President can deploy active military forces to handle domestic unrest or violations of federal law.
Key Points
- 1Triggered, limited deployment framework: Section 252 sets out when the President may act (insurrection or rebellion in a state; widespread domestic violence; or obstruction of law, including voting rights, where authorities cannot protect rights). The triggering circumstances include requirements such as local authorities being overwhelmed and the state chief executive or a supermajority of the state legislature requesting assistance.
- 2State request and last-resort policy: Section 251 and 252(a) establish a policy that domestic deployment should be a last resort, used only when state and local authorities cannot handle the situation and federal civil authorities are unable to help.
- 3Presidential authority and constraints: Section 253 authorizes the President to deploy active-duty reserve components to suppress insurrection/rebellion, quell domestic violence, or enforce laws, but requires subordination to the chain of command, use of Standing Rules for the Use of Force, and adherence to constitutional and federal law limits (no suspension of habeas corpus; no actions violating federal or applicable state law).
- 4Congressional consultation, proclamation, and reporting: Section 254 requires the President to consult with Congress to the maximum extent, issue a proclamation identifying the basis for action, and provide a contemporaneous report with specifics (state requests, legal options exhausted, mission scope, and readiness certifications).
- 5Time-limited authority and congressional approval: Section 255 creates a temporary 7-day authority window unless Congress enacts a joint resolution of approval (Section 255(b)) or a new proclamation triggers a renewal. With a joint resolution, authority can extend for up to 14 days, subject to court-enforceable limits. Renewal requires additional resolutions or new proclamations.
- 6Joint-resolutions of approval process: Section 255 lays out detailed procedural rules for introducing, debating, and passing joint resolutions of approval in both houses, including discharge mechanisms, debate limits, and no amendments to the resolution.
- 7Termination and after-effects: Section 256 provides multiple termination triggers (dates specified by the Act or termination by Congress or presidential proclamation; court injunctions can block authority). Section 256 also describes the handling of unspent funds, contracts, and ongoing legal actions after termination.
- 8Judicial review: Section 257 allows civil actions for declaratory or injunctive relief by anyone injured or fearing injury from military use, with expedited consideration and Supreme Court appeal rights.
- 9State-territory scope: Section 258 defines “State” to include Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
- 10National Guard limitation: Section 259 prohibits National Guard members performing certain duties under 32 U.S.C. Section 502(a) or (f) from being used to suppress insurrection or domestic violence, or to enforce the law, during these deployments.
- 11Conforming amendments: The act would amend 32 U.S.C. and Title 10 to reflect the new authority structure and the placement of the new sections in the table of sections.