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 were trying to pass your history test, that definition would likely be enough.

Unfortunately, we live in the real world. Should a President decide to invoke the Act, such as in the wake of the Minnesota protests it carries real-world consequences. Whether you support the President’s recent threat to invoke the Act or oppose it, the reality of preparation remains the same: hope for the best, but prepare for the worst.

There is much that can go wrong with such a move, and our goal is to help you and your family be ready for whatever comes next.

Understanding the Insurrection Act of 1807

Image source: Imperfect Union

When the Insurrection Act was passed in 1807, it was enacted within the context of a weak federal government one that would scarcely resemble what we see today. The nation was less than 30 years old and had already experienced multiple localized rebellions, with the Whiskey Rebellion of 1794 being the most prominent. George Washington himself famously mounted a horse and led U.S. militia forces to suppress the uprising.

Early American leaders feared that internal rebellion could bring down the new republic if the President lacked sufficient executive authority to act decisively. Opponents of the measure argued that such power could lead to tyranny, but the founders believed the Act would be rarely used. They also assumed that future Presidents would exercise moral restraint when invoking it.

The Act was designed to ensure that state or local leaders could not obstruct federal authority. Whether addressing outright state defiance, slave rebellions, or debt revolts, once troops were deployed, they were authorized to use military force. This represented a significant escalation in the ongoing debate between federal and states’ rights and did not pass without controversy.

When Has the Insurrection Act Been Invoked Before?

In total, the Insurrection Act has been invoked approximately 30 times, with the most recent instance occurring during the Los Angeles riots in 1992. Its first use came in 1808 under President Thomas Jefferson, who invoked it to enforce the Embargo Act after states engaged in illicit trade with foreign partners such as Canada.

Image source: AP news

Andrew Jackson used the Act to suppress Nat Turner’s slave rebellion, while Ulysses S. Grant invoked it repeatedly during Reconstruction to combat groups like the Ku Klux Klan. Warren G. Harding relied on it to quell a coal miners’ rebellion in West Virginia, and Presidents Kennedy and Johnson used it to enforce desegregation during the Civil Rights Movement.

There is strong historical precedent affirming that the President possesses this authority. In every prior invocation, once the threat was neutralized and order restored, federal forces withdrew and local control resumed. In that respect, the founders would likely have approved of the restraint shown by subsequent Presidents.

Why Is President Trump Considering the Insurrection Act? 

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This brings us to the present context in which President Trump has considered invoking the Insurrection Act. The President has already deployed military forces to several cities, including Los Angeles, Washington D.C., Memphis, and Chicago. However, these actions were challenged in court, with rulings citing potential violations of the Posse Comitatus Act, which restricts federal troops from serving as domestic law enforcement.

Minneapolis is currently experiencing political unrest related to the expanded use of ICE to detain illegal immigrants. A recent shooting by an ICE officer that resulted in the death of U.S. citizen Renee Good escalated tensions and sparked a week-long protest with no signs of slowing. Local leaders in Minnesota have openly opposed ICE operations, lending protesters a sense of legitimacy.

Within this environment, President Trump threatened to invoke the Insurrection Act. Setting aside partisan views, it is important to acknowledge that the President does, in fact, possess the authority to do so. Previous Presidents used the Act to enforce economic policies and suppress localized unrest; using it to enforce immigration policy is legally within scope. Whether one agrees with it or not, the authority itself is difficult to dispute.

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

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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

While preparation is prudent, it is important to understand that invoking the Insurrection Act is not equivalent to declaring martial law. Civilian authorities remain in control, courts continue to operate, and the Constitution remains fully in effect. Claims equating the Act to martial law are simply incorrect.

Under true martial law, military authority replaces civilian governance. Civil liberties may be suspended, military courts replace civilian courts, and elections can be postponed or canceled. The Supreme Court has ruled that martial law is unconstitutional when civilian courts are still functioning.

No U.S. President has ever declared nationwide martial law. Historical examples were limited and localized, such as in Hawaii during World War II. Measures like curfews or National Guard deployments are often mislabeled as martial law, but they are legally distinct. Declaring martial law before invoking the Insurrection Act would face overwhelming legal and political resistance.

Surviving This Unique Season in American History

Americans who lived through the turmoil of the 1960s may find today’s unrest familiar. For everyone else, preparing for a worst-case scenario is not extreme it is responsible.

The divide in this nation is as deep as it has been in recent history. People increasingly view those with differing beliefs as existential threats. Fear drives irrational behavior, and unprepared individuals may covet the resources of those who planned ahead. Even longstanding relationships can fracture under prolonged stress.

At MIRA, our mission is to help American families stay safe. Every product we offer is designed with that goal in mind. Now is the time to begin preparing. Create a plan, practice it, and ensure every family member understands it.

To our friends in Minnesota: whether the Insurrection Act is invoked or not, conditions may worsen before they improve. Stay prepared, keep training, and stay safe.