Media Mention

Jack Goldsmith in The Economist

May 17, 2024

Co-Chair Jack Goldsmith spoke with The Economist about the dangers posed by the Insurrection Act in its current form, and the need to reform the law:

[…] Nowadays the deployment of troops and suspension of liberties on American soil by the federal government is hard to imagine. Yet if a tyrannical president wished to do so, he would have the power to send in the troops under the Insurrection Act. This law, dating from 1807, gives the president the authority to deploy the army or the navy in the case of a domestic uprising or where federal law is being ignored. The act states that this can be done when lawful, without defining when that means. “It’s a loaded gun for any president. There are practically no constraints,” says Jack Goldsmith, a former attorney-general and current scholar of presidential power who is part of an effort to reform the act […]

Read the full piece (paywalled).