Can President Trump Invoke the Insurrection Act Over the Objections of State Governors?

In this episode, William Banks of Syracuse University College of Law and Laura Dickinson of the George Washington Law School join to discuss the history and meaning of the Insurrection Act, which authorizes the president to deploy the U.S. military for domestic law enforcement purposes. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  

 

Resources

• Illinois v. Trump (N.D. Illinois, 2025) 
• United States v. Cruikshank (1875) 
• Martin v. Mott (1827) 
• William Banks and Stephen Dycus, Soldiers on the Home Front: The Domestic Role of the American Military (2016) 
• William Banks, “Providing ‘Supplemental Security’ – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law & Policy (12/15/2009) 
• Laura Dickinson, “Protecting the U.S. National Security State from a Rogue President,” Harvard National Security Journal (1/9/2025) 
• Laura Dickinson, “How the Insurrection Act (Properly Understood) Limits Domestic Deployments of the U.S. Military,” Lawfare (9/12/2024) 

 

In our new podcast, Pursuit: The Founders’ Guide to Happiness, Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection. 

Listen to episodes of Pursuit on ⁠Apple Podcast⁠ and ⁠Spotify⁠. 

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