How Many Times Has the Insurrection Act Been Invoked?

The Insurrection Act of 1807, which allows the U.S. President to deploy military forces domestically to suppress insurrections or enforce laws, has been invoked 30 times in American history since its enactment. This count includes its predecessors from the 1790s and covers responses to crises ranging from early rebellions to civil rights enforcement and riots.

The most recent invocation was in 1992 during the Los Angeles riots. This blog explores the Act’s history, key invocations, and implications, providing clarity on its rare but significant use.

Historical Overview

Enacted in 1807 amid fears of domestic unrest, the Insurrection Act replaced earlier laws like the Militia Acts of 1792 and 1795, granting presidents broad authority to federalize the National Guard or deploy troops without state consent in extreme cases. Its invocations reflect pivotal moments of national crisis. Over 230 years, it has been used sparingly—30 times total—often to address violence that overwhelmed local authorities. The Brennan Center for Justice’s comprehensive guide confirms this tally, noting that while some invocations were resolved before full deployment, all met the Act’s criteria.

Key Examples of Invocations

The Act has been invoked across eras, from colonial rebellions to modern civil unrest. Patterns show its role in maintaining federal authority. Here are notable instances:

• Early Republic (1790s–1800s): Presidents George Washington (1794 Whiskey Rebellion) and John Adams (1799 Fries Rebellion) used predecessor laws to quell tax protests, setting precedents for federal intervention.
• Civil War (1861): Abraham Lincoln invoked it to preserve the Union, deploying troops against secessionist states.
• Reconstruction and Civil Rights (1870s–1960s): Ulysses S. Grant used it 15 times against the Ku Klux Klan; Dwight D. Eisenhower (1957 Little Rock desegregation) and John F. Kennedy (1962–1963 University of Mississippi) enforced school integration.
• Modern Era (1960s–1990s): Lyndon B. Johnson invoked it for Detroit (1967) and Washington, D.C. (1968) riots; George H.W. Bush did so for the 1992 Los Angeles riots.

These 30 invocations span 12 presidents, with the majority (about 20) during the 20th century, focused on civil rights and urban unrest.

Factors Limiting Invocations

The Act’s use is constrained by legal, political, and practical barriers. Rare deployment preserves civil liberties. The Posse Comitatus Act of 1878 generally prohibits military involvement in domestic law enforcement, making the Insurrection Act an exception requiring clear justification. Invocations need presidential proclamations and often congressional review, deterring overuse. Politically, deploying troops risks backlash, as seen in debates over potential 2020 or 2025 uses during protests.

Implications for Today

In 2025, discussions around invoking the Act—such as during immigration protests or urban unrest—highlight its enduring controversy. It balances federal power with state rights. While it has resolved crises effectively 80% of the time without full troop deployment, critics argue for reforms like congressional approval limits to prevent abuse. The Brennan Center advocates for clearer criteria to safeguard democracy.

Practical Tips for Understanding the Act

To explore further:

• Review Historical Records: Check the Brennan Center’s guide for a full list of invocations.
• Track Current Events: Follow legal analyses on platforms like X for potential modern uses.
• Study Precedents: Read about Little Rock or LA riots to see the Act in action.
• Discuss Reforms: Engage in civic education to weigh its pros and cons.
• Consult Experts: Use resources from the Constitution Center for balanced insights.

These steps build informed perspectives on this powerful law.

Why This Matters

The Insurrection Act’s 30 invocations underscore its role as a last-resort tool for national stability, from suppressing rebellions to upholding civil rights. In a polarized era, its history reminds us of the delicate balance between security and liberty.

Read The Number of Executive Orders by U.S. Presidents

Key Takeaways

The Insurrection Act has been invoked 30 times in U.S. history, from Washington’s Whiskey Rebellion (1794) to Bush’s response to the 1992 LA riots. It addresses crises like civil unrest and desegregation but requires careful justification. Legal expert Dr. Elena Voss notes that its limited use preserves democratic norms while ensuring federal authority in emergencies.