WASHINGTON – U.S. Senator John Hickenlooper recently joined twenty-two of his Democratic Senate colleagues to introduce the Insurrection Act of 2025, which would restrict the president’s authority under the 217-year-old Insurrection Act.
The new Insurrection Act of 2025 narrows the scope of the President’s broad and vague authority to deploy troops – either with or without the request of a state – to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy” under the current law. Previous presidents have used the Insurrection Act sparingly to avoid tensions during a domestic crisis by mobilizing the military.
“We rely on our military to guard our national security, not control peaceful protests at home. We need more oversight and better checks to prevent unnecessary military force against Americans. That’s what our bill delivers,” said Hickenlooper.
Specifically, the new Insurrection Act of 2025 would:
- Narrow and clarify the criteria for the domestic deployment of military troops for law enforcement purposes.
- Specify that the use of the military is a last resort and is authorized only if the use of civilian law enforcement authorities would be insufficient.
- Clarify that the law cannot be used to suspend habeas corpus, impose martial law, or deputize private militias to act as soldiers.
- Require the President to consult with Congress prior to invoking the Insurrection Act and receive Congressional approval if the President seeks to exercise authority under the Act for longer than 7 days.
- Require a report to Congress providing an explicit justification for the use of the Insurrection Act’s authority, as enumerated in this legislation, and a full description of the scope and duration of its use.
- Provide for judicial review to ensure that individuals, or a state or local government, may bring a civil action if the President’s authority under the Insurrection Act is misused or abused.
Full text of the bill is available HERE.
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