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Donald Trump has once again threatened to use the Act of Insurrection, a law that permits the president to utilize military forces on American soil. This action is considered a strategy to control the activation of the state guard as courts and executives in cities under Democratic control persist in blocking his efforts.

But can he do that, and what does it mean? Here’s what to know about this historic legislation.

Understanding the Insurrection Act

The Insurrection Act is a federal legislation that gives the US president the power to send the armed forces or bring under federal control national guard troops inside the US to suppress internal rebellions.

The law is typically called the Act of 1807, the time when Jefferson enacted it. Yet, the modern-day act is a combination of laws passed between 1792 and 1871 that outline the duties of US military forces in internal policing.

Typically, the armed forces are prohibited from conducting police functions against US citizens except in crises.

The act allows troops to take part in internal policing duties such as making arrests and performing searches, roles they are typically restricted from performing.

A legal expert stated that state forces may not lawfully take part in standard law enforcement unless the chief executive initially deploys the act, which allows the utilization of troops inside the US in the event of an civil disturbance.

This move raises the risk that troops could resort to violence while filling that “protection” role. Moreover, it could act as a harbinger to further, more intense force deployments in the coming days.

“There’s nothing these units are permitted to undertake that, for example law enforcement agents opposed by these rallies could not do independently,” the commentator remarked.

Historical Uses of the Insurrection Act

The act has been deployed on many instances. This and similar statutes were utilized during the civil rights movement in the 1960s to protect demonstrators and pupils desegregating schools. The president deployed the 101st Airborne Division to Little Rock, Arkansas to guard students of color attending Central high school after the state governor activated the National Guard to keep the students out.

After the 1960s, yet, its use has become “exceedingly rare”, as per a report by the federal research body.

President Bush used the act to tackle violence in the city in 1992 after four white police officers seen assaulting the African American driver King were found not guilty, causing deadly riots. The governor had requested military aid from the chief executive to control the riots.

What’s Trump’s track record with the Insurrection Act?

Trump warned to deploy the law in recent months when the governor took legal action against him to prevent the deployment of troops to support federal agents in Los Angeles, labeling it an unlawful use.

That year, Trump asked governors of various states to send their national guard troops to the capital to quell rallies that broke out after Floyd was fatally injured by a Minneapolis police officer. A number of the executives agreed, sending forces to the federal district.

During that period, he also suggested to use the act for rallies following Floyd’s death but ultimately refrained.

As he ran for his second term, Trump indicated that would change. Trump stated to an group in Iowa in last year that he had been blocked from employing armed forces to suppress violence in cities and states during his previous administration, and stated that if the issue occurred again in his next term, “I will not hesitate.”

The former president has also committed to send the state guard to assist in his immigration enforcement goals.

He stated on this week that to date it had been unnecessary to deploy the statute but that he would consider doing so.

“The nation has an Insurrection Act for a cause,” he stated. “If people were being killed and the judiciary delayed action, or state or local leaders were holding us up, sure, I would deploy it.”

Debates Over the Insurrection Act

The nation has a strong American tradition of maintaining the national troops out of public life.

The nation’s founders, after observing abuses by the British forces during colonial times, were concerned that giving the chief executive absolute power over armed units would undermine freedoms and the democratic system. According to the Constitution, executives typically have the right to maintain order within state borders.

These ideals are embodied in the Posse Comitatus Law, an historic legislation that usually restricted the troops from taking part in civilian law enforcement activities. The law acts as a statutory exception to the Posse Comitatus.

Civil rights groups have long warned that the act gives the commander-in-chief broad authority to deploy troops as a internal security unit in manners the founders did not intend.

Can a court stop Trump from using the Insurrection Act?

Judges have been hesitant to challenge a executive’s military orders, and the ninth US circuit court of appeals recently said that the commander’s action to use armed forces is entitled to a “great level of deference”.

However