Former President Donald Trump may soon invoke the Insurrection Act, a rarely used law allowing military force on U.S. soil during civil unrest. Amid spreading protests in Los Angeles, Trump has already taken controversial steps by deploying active-duty troops and seizing control of California’s National Guard.
The Insurrection Act of 1807 gives presidents power to use the military when laws can’t be enforced. It overrides the Posse Comitatus Act, which usually blocks military involvement in policing. “Though he hasn’t formally triggered the law, his recent actions suggest he’s preparing to.”
Trump used Title 10 of the U.S. Code to federalize California’s National Guard without Governor Gavin Newsom’s consent, citing a national emergency. “California lost command of its Guard forces without consent,” which many see as a violation of state rights.
In response, Newsom sued, arguing the move broke the Tenth Amendment. On June 12, 2025, a federal judge agreed and ordered the Guard returned to state control.
Trump refused, and a federal appeals court issued a temporary stay, letting him keep control until a future hearing. This battle highlights the growing concern over presidential power and the limits of military use in domestic affairs.
