Jack Goldsmith on NPR
NPR justice correspondent Carrie Johnson spoke to Co-Chair Jack Goldsmith about potential abuses of the Insurrection Act:
Jack Goldsmith is a law professor at Harvard and a leader of the Presidential Reform Project. He said updating the Insurrection Act should be a bipartisan priority, since presidents of both parties could use it to politicize the military and infringe on states’ rights.
“It’s a huge blank check, it is easily subject to abuse, it’s easy to imagine abuse,” Goldsmith said.
Goldsmith’s outlined three big changes he said should be made to the law.
First, Congress should narrow and clarify the language for when the president can use this sweeping power.
“[T]he statute as it’s written has no limitations so it can be used in practically any situation where the president thinks it needs to be used,” he said. “And that’s just something that’s very out of whack and needs to be fixed.”
Next, Goldsmith said, the law should require a president to consult with state officials and with Congress.
Finally, and most important, he said, it’s “absolutely vital” that Congress impose time limits on its use, putting lawmakers on notice to make a decision.