The Lawfare Podcast

Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

Apr 12, 2024

Legal scholars Jack Goldsmith and Bob Bauer discuss the need to reform the Insurrection Act, highlighting the historical context, recent crises, and recommendations for reform. They emphasize the balance of presidential authority, the importance of clearer terms and limits on executive power, and the necessity for congressional oversight to prevent misuse. The discussion explores judicial review, procedural reforms, and steps to ensure proper military use under the Act.

57:32

Creator website

Episode guests

Bob Bauer

Jack Goldsmith

AI Summary

AI Chapters

Episode notes

Podcast summary created with Snipd AI

Quick takeaways

Reforming the Insurrection Act involves tightening triggers for presidential invocation and establishing clear deployment conditions to prevent potential abuses.

The Insurrection Act, dating back to the 1790s, was designed to safeguard states from invasion and domestic violence, evolving to enable the president's intervention during crises.

Presidents have historically utilized the Insurrection Act, but recent concerns highlight the necessity for curbing executive powers, enhancing accountability, and establishing oversight measures.

Deep dives

The History and Relevance of the Insurrection Act

The Insurrection Act, a provision allowing the president to deploy the US military for domestic law enforcement, has been invoked numerous times throughout history. This federal law, existing for over 230 years, has gained attention due to its usage during various domestic crises, sparking discussions on the necessity for reform. A recent set of reform principles proposed by the American Law Institute, co-chaired by Jack Goldsmith and Bob Bauer, sheds light on the need to update this long-standing legislation.

Introduction

3min

Reforming the Insurrection Act

24min

Interpreting Martin v. Mott and the President's Discretion in Insurrection Declaration

4min

Discussion on Personal Data Privacy and Online Security

4min

Procedural Reforms in the Insurrection Act

17min

Navigating Judicial Review in Insurrection Act Reform

8min

Reforming the Insurrection Act and Ensuring Proper Use of Military Powers

4min

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.

On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Remember Everything You Learn from Podcasts

Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.

The Lawfare Podcast

Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

The History and Relevance of the Insurrection Act

Understanding the Origins and Purpose of the Insurrection Act

Critical Assessment of Presidential Uses of the Insurrection Act

Proposed Reform Principles for the Insurrection Act

Challenges and Controversies Surrounding Insurrection Act Reform

Remember Everything You Learn from Podcasts