Baldwin, Blumenthal, Colleagues Introduce Legislation to Limit Unchecked Presidential Authority Under the Insurrection Act

The legislation is also cosponsored by U.S. Senators Chris Van Hollen (D-MD), Patrick Leahy (D-VT), and Edward J. Markey (D-MA).

The CIVIL Act would reform the Insurrection Act to restrict the President’s authority to use active duty troops for domestic law enforcement purposes by:

·        Clarifying that the Insurrection Act can only be invoked to protect – not restrict – civil rights.

·        Establishing an expedited procedure for judicial review to ensure that individuals, or a state or local government, may bring a civil action if the President’s authority under the Insurrection Act is misused or abused.

·        Limiting presidential discretion and empowering the judiciary to determine whether civil rights laws have been violated.

·        Requiring the President to consult with Congress prior to invoking the Insurrection Act.

·        Requiring the President, Secretary of Defense, and Attorney General to provide a joint certification to Congress that the state is unable or unwilling to enforce federal law. This joint certification must provide an explicit justification for the use of the Insurrection Act’s authority and a full description of the scope and duration of its use.

·        Allowing Governors to make a direct request to the President to provide active duty troops under the Insurrection Act, rather than requiring the legislature to make the request first. This technical change will make it easier for Governors to seek support if actually necessary, limiting potential presidential abuse of this authority.

·        Ending Insurrection Act authority after fourteen days unless it is specifically extended by a joint resolution of Congress.

·        Prohibiting active duty troops from participating in a search, seizure, arrest, or other law enforcement activity unless expressly authorized by law. This provision would clarify the limitations of the Posse Comitatus Act, which is applicable to all active duty troops if the Insurrection Act is not invoked.

An online version of this release is available here.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.

Recent Press Releases by U.S. Sen. Tammy Baldwin

Baldwin Votes to Protect the Right to IVF

Sep 17th, 2024 by U.S. Sen. Tammy Baldwin

Baldwin: “Every American deserves the right to decide if, how, and when they are going to start a family, without any politicians or judges butting in”

Senator Baldwin Brings Home Over $13 Million for Wisconsin Tribes to Cut Energy Costs and Reduce Pollution

Sep 13th, 2024 by U.S. Sen. Tammy Baldwin

 

Baldwin Rolls Out Bill to Provide Relief for Wisconsin Small Businesses Impacted by Warm Winters

Sep 12th, 2024 by U.S. Sen. Tammy Baldwin

New bill comes after 2023-2024 winter low snowfall, many businesses in Northern Wisconsin suffering losses