- Joined
- Feb 28, 2019
Wait, the president can just randomly proscribe entire organisations with the insurrection act at will? How the hell did the US stay a Republic for so long?
Inertia and a gentlemen's agreement. Also, Looking at the laws involved, it appears they were mostly redone in the past 15 years or so, the most recent one being in 2016, after Trump had won but before Obama left. Was Obama considering using the Insurrection Act to put down the Deplorables?
Specifically, Trump could do this:
Trump at the Rubicon
How the Insurrection Act and Militia Act Empower Trump to Cast the Die

Invoke 10 USC 253, which is the latest version of the Insurrection Act. "Interference with State and Federal Law."
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
If your right to vote is deprived, and the state can't be assed to fix it, or the state obstructs justice, Trump can move in.
As Macris points out:
- This is solely a Presidential power. He doesn't need the States' permission. He doesn't need the SCOTUS to give him permission. Congress SPECIFICALLY REMOVED this oversight in 253.
- There's no time limit. Congress SPECIFICALLY REMOVED the time limits that used to exist.
- The president can use any means that he considers necessary. That means that Possee Comitatus doesn't apply -- he can use the troops. It means he can use the Militia. He can order them to do ANYTHING.
- He doesn't have to use it against insurrections or rebellion. He can use it against "Unlawful combinations and conspiracy." In other words, if Trump decides that a conspiracy -- like organized vote rigging -- has deprived people of a right -- like the right to vote, or to have their vote count -- and believes that the authorities failed or refused to protect said right, he can send in troops.
In other words, thanks to 10 USC 253, Congress gave Trump the power to outright declare "I, President Trump, have determined that a conspiracy has deprived 70 million Americans of their right to vote and that the other authorities are refusing to protect this right. I therefore order the suppression of this conspiracy by any means necessary."
And there's nothing Congress can do about it. Because they passed the law already that gives him the power to do so.
So that's the "Rubicon" as Macris points out. Trump could declare the whole thing fucked and send in the troops. And the Militia.
But wait, what Militia? There's where it gets fun. Militia is 10 US 246.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Just in case you didn't catch that, that means the Militia is every single male age 17 to 45. It's not the National Guard. It's every fucking Proud Boy. It's every rural asshole with a gun. It's a not small number of pissed off vets.
Combine the two, and Trump can call on every able-bodied male from 17 to 45 to do ANYTHING he deems necessary to suppress the conspiracy to deny Americans their voting rights, which by definition means his second term.
To quote Macris's closing statement:
To repeat a statistic from earlier: 70% of Republicans think that the most recent election is illegitimate. In a functioning democracy, if 70% of the second-largest political party in the country thinks an election has been stolen, the elites come together to cooperate to investigate and restore legitimacy in the eyes of the voters.
In the US, that’s not happening. Instead, an enormous machine, consisting of tech oligopolies, liberal media, watchdog groups, and partisan activists, is doing everything it can to silence and suppress the dissenters. Simultaneously, this same machine is making enemy lists and actively declaring that when it wins, it will be taking vengeance, against Trump, against everyone who helped him, and against everyone who voted for him.
This is not a drill. This is where we are. If Trump is standing on the banks of the Rubicon, it’s because the leftist machine has purposefully widened the Rubicon River until it reaches his feet.
Clear-headed left-wingers — if there are any left — need to step in and deescalate the threats against Trump and his supporters, and listen to 70 million Americans clamoring for fair and fraud-free voting. There is still time.
Otherwise, as another great military leader put it, “when on death ground, you must fight.”
It's not just Trump that they're underestimating and pushing to the edge. It's the half of the country that voted for him.
This does bring up an interesting question to me. The left seemed fucking DESPERATE to goad Trump into invoking the insurrection act on Antifa all summer.
Were they hoping that he'd do it and the RBG's SCOTUS would hamstring this power of his so he couldn't do it now?