Exploring Constitutional Limits of Insurrection Powers

Exploring Constitutional Limits of Insurrection Powers

By James G. Hodge, Jr., JD, LLM and Summer Ghaith, JD, MD.

Just over a year into his second term in office, President Donald Trump and his administration have threatened to invoke extensive national powers under antiquated provisions of the Insurrection Acts to quell “rebellions” and other purported threats to public health and safety. The primary bases under President Trump’s purview for such powers are repeated acts of civil unrest largely in response to immigration practices via federal Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Patrol (CBP) agents in Minneapolis beginning in early 2026 as well as other urban areas this past year.

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