How to Fix the Insurrection Act
The Lawfare Podcast
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The Insurrection Act and Its Parallels
There is a long standing tradition in anglo american law against military intrusion into the affairs ofa civilian government. The framers of the constitution were extremely worried about the threat that a standing army would ppose to both state sovereignty and individual liberty. And so they took pains to ensure that the military would remain subordinate to civilian authority. In 18 78, congress passed an act barring federal forces from enforcing civil rights laws,. But as i said, the possi cometatis act only bars military participation in law enforcement as a general matter. It reflects congress's exercise of its power under the calling fourth clause.
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