2min chapter

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How to Fix the Insurrection Act

The Lawfare Podcast

CHAPTER

The Invocation of Emergency Powers in a Crisis

In the earliest version of the insurrection act, there is precedent for congress being involved in that when the president wished to a use the insurrection act to enforce the law. There was also limitations on using out of state militia forces. And we also did a review of constitutions and laws around the world to see how other countries approach these sorts of emergency powers. We found that many of them allow the legislature to sort of check an invocation of emergency power.

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