What is the Insurrection Act and How Do I Prepare

Passed in 1807, the Insurrection Act allows Presidents to use both federal and state troops to suppress insurrections, domestic violence, unlawful combinations, and conspiracies. If this were high school and you're trying to pass your history test, the preceding definition would be all you need to know to pass the test.

Unfortunately, we live in the real world and should the President decide to invoke the act in the wake of the Minnesota protests, it has real world consequences. Whether you support the President’s recent threat to invoke the act or oppose it, the realities of how you prepare for such an event is the same. That is to hope for the best outcome, but prepare for the worst. There is much that can go wrong with such a move and we’re going to do our best to help you and your family get ready for it all.

Understanding the Insurrection Act of 1807

When the Insurrection Act was passed in 1807, it was done so in the context of a weak Federal government that wouldn’t resemble anything we see today. The nation was less than 30 years old and had already witnessed multiple localized rebellions with the Whiskey Rebellion  of 1794 being the most prominent. George Washington himself saddled up on a horse and led the U.S. militia to suppress the rebellion. 

Early leaders feared that internal rebellion would bring down the new republic if the President didn’t have strong executive authority to take action. Opponents of the measure argued that this would lead to tyranny, but the founders believed the act would be rarely used. They also believed in the context of the first few Presidents that when invoked, the executive would show moral restraint. 

The act was focused on ensuring that state or local leaders could not hinder federal authority. Whether that was outright state defiance, slave rebellions, or debt revolts, when the troops came to town they would have the authority to use military force. It was a significant escalation in the debate between federal or state’s rights and was not passed without some controversy.

When Has the Insurrection Act Been Invoked Before?

In total, the Insurrection Act has been invoked around 30 times with the last example being to suppress the L.A. riots in 1992. It was first used in 1808 by President Thomas Jefferson who did so in order to enforce the Embargo Act. States were involved in illicit trade with foreign partners like Canada and the troops were sent in to enforce the act. 

Andrew Jackson invoked the act to suppress Nat Turner’s slave rebellion and Ulysses S. Grant frequently used the power during reconstruction to suppress elements such as the Ku Klux Klan. Warren G. Harding used it to suppress a coal miners rebellion in West Virginia while Kennedy and Johnson used it to enforce desegregation during the Civil Rights movement. 

As such, there is strong precedent which makes clear that the President does indeed have the authority to take such action. In every prior use of the act, once the threat was abated and order restored the federal presence exited the scene. Local control was always restored and the founders would have been pleased by the constraint of subsequent Presidents.

Why Is President Trump Considering the Insurrection Act? 

This brings us to the present and the current context in which President Trump is considering the use of the Insurrection Act. The current President has already dispatched military forces to several cities across the nation. He used them in Los Angeles, D.C., Memphis, and Chicago. However, the President experienced losses in court over the moves which claimed he was in violation of the Posse Comitatus Act which prevents federal troops from serving as domestic law enforcement. 

The city of Minneapolis is currently experiencing political unrest over the expanded use of ICE to detain illegal immigrants. The recent shooting by an ICE officer which killed U.S. citizen Renee Good tipped the city over the edge and has led to a week long protest that shows no sign of abating. Local leaders in Minnesota are openly opposing the use of ICE and thus, the protestors feel a sense of legitimacy for their actions. 

It is in this context that Trump threatened to use the Insurrection Act in Minnesota. Putting aside partisan leanings, one has to acknowledge that the President has the authority to do so. That much is just objective truth. If prior Presidents used it to enforce economic policies like the Embargo Act and localized unrest such as prison riots, using it to enforce immigration policy is on the table. We may not like it, but the authority is incontrovertible.

Prepare Your Family to Encounter Civil Unrest

This now brings us to what the average American should know and do before the act is invoked. It is unlikely that the presence of federal troops in Minnesota will immediately end the crisis. As with most civil unrest, things will get worse before they get better. A confrontation between protesters and military troops is inevitable and can occur with little notice. 

The first thing you need to consider is what happens to your family if you are caught in the middle. This could be a simple drive home from work where the streets have been turned into a battlefield. As with most such conflicts, you can expect tear gas and other chemical agents to be used by both the military and the protestors. The military may shoot it first and then the protestors throw it back. 

Image source: MIRA Safety®

The ability to breathe clean air during such an encounter is paramount to your survival. Every single gas mask we offer provides that capability as it would be pointless to sell anything less. We recommend that you keep it in your car if you have any concerns that you may drive upon such violence. It doesn’t do you any good at home in your basement when you are out and about. Have a gas mask for yourself and every member of your family to include your children.

Prepare Your Household for Extended Unrest and Violence

Image source: Envato

The next thing you need to consider is how you can avoid going out in public when the violence is at its worst and dragging out longer than expected. This is basic prepping 101. Do you have enough food, water, and other resources so that leaving the home is completely optional. There is no reason to put your family in harm’s way if not absolutely necessary.

We believe in the 2nd Amendment and yes, if you are trained, you should carry a firearm with you during such times. Protestors can’t always tell the good guys from the bad guys and when mob think takes over, you may find yourself in trouble. Your primary goal is not to try and shoot it  out with the mob. Rather, use what force is necessary to survive the moment and exit the situation. Tactical body armor worn under the clothing is not a bad idea if you know you are heading into the fray. Prepare your family now as when the violence starts, it will be too late.

What the Insurrection Act Does Not Allow the President to Do

Whereas a conflict between protestors and the military seems inevitable and one should prepare, it is important to note that invoking the Insurrection Act is not the equivalent to martial law. Under the Insurrection Act the civilian authorities are still in charge. The courts still function and the constitution is still the law of the land. Those equating the act to martial law are simply misinformed. 

Under martial law, military authority replaces civilian authority. Rights are often curtailed or eliminated completely and military courts replace civilian courts. Elections are often postponed or cancelled altogether. However, the supreme court has ruled that martial law is unconstitutional when civilian courts are still functioning. Martial law is used when civilian authority has completely collapsed. 

No U.S. President has declared nationwide martial law and they have only done so at the local level when certain threats exist. The last example we saw was the Hawaiian Islands during World War 2. People often mistake harsh measures such as curfews or the deployment of the national guard as martial law. Legally these are fundamentally different and there would be little support for the President taking the measure of declaring martial law before invoking the Insurrection Act. 

Surviving This Unique Season in American History

Those who lived through the turbulent 1960s in the United States would recall the significant civil unrest and may not be fazed by what they are seeing today. The reality for the rest of us is that preparing the worst case scenario is not going above and beyond. It is prudent and the bare minimum for survival to stand ready for the day that most people dread. 

The divide in his nation is at an all-time high in recent history and people feel an existential threat when they encounter someone with differing beliefs. People are scared and scared human beings are dangerous creatures. Your neighbor who didn’t prepare will covet what you have and best friends can become enemies under such circumstances. 

Here at MIRA, we are dedicated to helping the average American family stay safe and every product we offer is created with that in mind. We don’t care if you have never prepped or fired a gun in your life. Now is as good a time as any to start training. Develop a plan, practice that plan and ensure every member of your family understands the plan. If we can be of any help to you, please don’t hesitate to reach out. To our friends in Minnesota, whether Trump invokes the Insurrection Act of 1807 or not, things are going to get worse before they get better. Keep training and stay safe.