The Ben Shapiro Show Will Trump Invoke the Insurrection Act?
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Jan 28, 2026 A rundown of the Insurrection Act’s origins and historical uses from Jefferson to modern presidents. A clear breakdown of Sections 251 and 252 and how federal military aid can be triggered. Discussion of Posse Comitatus and legal limits on troop deployments. A look at Minnesota’s current unrest and when federal intervention could be asserted.
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Insurrection Act's Original Purpose
- The Insurrection Act is an early federal safeguard enabling the president to use military force to preserve federal authority.
- It was created to stop existential rebellions, not to punish peaceful protest.
Aaron Burr Prompted The Law
- Ben Shapiro recounts the Burr Conspiracy context motivating Jefferson to seek the Insurrection Act.
- Jefferson deployed force, Burr was arrested, and the Republic remained intact.
Broad Historical Usage
- The Insurrection Act has been used over 30 times across administrations for major domestic crises.
- Presidents from Lincoln to George H.W. Bush invoked it to restore order or enforce federal law.