This week, we revisit a foundational conversation on the Insurrection Act, originally recorded in June 2020 with William Banks and Harvey Rishikof. Together, they trace the Act’s history, unpack the scope of presidential authority it confers, explain how it may be invoked, and examine the constitutional principles that should guide its use.

William Banks is former Chair of the Standing Committee on Law and National Security

Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security

EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.

References:

• The Insurrection Act
• Posse Comitatus Act
• Banks, William C., and Stephen Dycus. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard University Press, 2016.
• Banks, William C. “Providing ‘Supplemental Security’–The Insurrection Act and the Military Role in Responding to Domestic Crises.” Journal of National Security Law & Policy, vol. 3, Dec. 15, 2009