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Donald Trump addresses a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC
Photo by Win McNamee/Getty Images

Donald Trump eyes limitless power with teased implementation of the Insurrection Act

It comes after he declared a state of emergency at the southern border.

Concerns are emerging around whether Donald Trump will invoke the Insurrection Act, following his declaration of a state of emergency at the southern border earlier this year. For context, Trump signed an array of executive orders on his first day back in office in January.

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One of these orders saw him declare a state of emergency at the southern border in response to immigration, and it included tasking the Secretary of Defense and the Secretary of Homeland Security to submit, within 90 days, a report about the conditions at the border and any recommended actions needed to secure it.

One such action mentioned in the order was “whether to invoke the Insurrection Act of 1807.” Now, as the 90-day deadline for the report inches closer, attention has turned to the increased presidential powers that Trump could assume if the Insurrection Act is invoked. Only amplifying concerns, Trump recently fired Air Force Gen. CQ Brown Jr., the nation’s top uniformed officer, as well as other top Pentagon officials — removing what could have been the guardrails in his attempts to invoke the Insurrection Act. 

The declaration of martial law would allow Trump to deploy the U.S. armed forces and the militia at his whim, with some experts predicting he will use it to enforce his immigration policies. Trump has already laid the groundwork of illegal immigration as a threat to the nation, from his claim that an entire city in Colorado had been taken over by Venezuelan street gangs to his conspiracy about Haitian refugees eating pets in Springfield. This, according to some, could be used as the legal premise for Trump to invoke the Insurrection Act, after which there’s no telling what the authoritarian sympathizer might do. 

The Insurrection Act has been invoked 40 times in U.S. history, including by President Lyndon Johnson — who used it to mobilize troops to quell riots after the assassination of Martin Luther King Jr. — and George H. W. Bush, who invoked it in response to the LA riots during the Rodney King case. However, neither of those presidents had consistently floated the unconstitutional idea of a third term, and neither promised citizens that they would not have to vote again if they were reelected.

Of course, much of the concern around the Insurrection Act boils down to the megalomania of the person who could potentially wield it. Last week, Trump made his affiliations clear when he engaged in an Oval Office verbal spat with President Volodymyr Zelenskyy over the Russia-Ukraine war. After that, he delivered a rambling address to Congress that reiterated his aggressive immigration policies, continued his attacks on the transgender community, and caused at least one person to fall asleep

The public instability that would create grounds for the Insurrection Act is only enhanced by Trump’s foreign policies and ‘diplomacy.’ Since coming into office, he has created international unrest by waging a trade war with China, Mexico and Canada, proposing the annexation of Greenland, Canada and the Panama Canal, and renaming the Gulf of Mexico. Leave it to Trump to create these destabilizing issues, then swoop in to “fix” them by invoking the Insurrection Act.


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Author
Image of Tom Disalvo
Tom Disalvo
Tom Disalvo is an entertainment news and freelance writer from Sydney, Australia. His hobbies include thinking what to answer whenever someone asks what his hobbies are.