Buzz
Using military forces in situations that would typically be handled by law enforcement is an extreme measure and a rare one at that. The law prohibits military involvement in domestic affairs without explicit permission from Congress.
However, there is an exception. The Insurrection Act allows the president to send military personnel to respond to an insurrection, civil unrest, a natural disaster, or a terrorist attack on U.S. soil. That said, invoking this act is a complex decision.
Introduced in 1807, the Insurrection Act empowers the president to send troops to intervene in state-level civil unrest when local authorities cannot control the situation. (It was updated in 2006 after Hurricane Katrina to cover disasters and terrorism.) The act is rarely invoked, especially as local police forces have become more militarized. The last time it was used was in 1992, following the acquittal of four officers involved in the beating of Rodney King, which led to riots in Los Angeles.
During that period, the governor of California called for military assistance—and in most cases, the president would respond by sending federal troops at the request of a governor or state legislature. However, as the Los Angeles Times reports, there’s an exception for sending soldiers without state consent: if it’s apparent that civil rights are being violated, as seen with past presidents like Dwight Eisenhower, John F. Kennedy, and Lyndon B. Johnson, who deployed troops to enforce desegregation in Southern states. Alternatively, the president may deploy forces if he believes local issues are hindering a state’s ability to enforce its laws.
In short: Military assistance is usually provided upon the state’s request, but if the president determines that it’s necessary to restore order, that request is not required.
When a state perceives its local police forces as overwhelmed, their first choice is typically to call in the National Guard, which is authorized to act as law enforcement within the United States.
If the Insurrection Act is invoked, the president would first issue a proclamation urging those involved in the unrest to disperse. If that does not work, an executive order would be issued to activate the military. The state would likely contest this military intervention, but it’s uncertain whether they would have the legal grounds to prevent such an action if the president calls for it.
