In its op-ed piece “There’s still time for Congress to Trump-proof the Insurrection Act,” The Washington Post addresses reforms necessary to prevent abuse of the Insurrection Act. The piece highlights the Principles for Insurrection Act Reform, issued by a bipartisan group at the invitation of The American Law Institute.
The Principles for Insurrection Act Reform, led by Bob Bauer, NYU School of Law and former White House Counsel to President Obama, and Jack Goldsmith, Harvard Law School and former Assistant Attorney General in the George W. Bush administration, proposes deleting antiquated terms that lack settled contemporary meaning and strengthening conditions for the Act’s use. The Principles state that “a reformed Insurrection Act should more clearly specify (i) the goal of ensuring enforcement and (ii) the requirement that the deployment be necessary to protect public safety and security. The Principles also urge Congress to adopt reporting and consultation requirements, and time-limit constraints, on presidential deployments under the Insurrection Act.
A copy of the Principles is available for download here. Read The Washington Post article here. [subscription may be required].