Consider This from NPR: The Insurrection Act is Back on the Table

Release Date: June 9, 2025
Host: Ari Shapiro

Introduction

In this episode of NPR's "Consider This," host Ari Shapiro delves into the resurgence of the Insurrection Act in American political discourse. With President Donald Trump again contemplating the deployment of active-duty troops to American cities, the discussion explores the historical context, legal implications, and potential ramifications of such actions in today's political climate.

Historical Context and Recent Developments

Ari Shapiro opens the discussion by referencing a pivotal moment from the summer of 2020 when President Trump considered deploying active-duty troops amidst nationwide protests following George Floyd's murder. Former Defense Secretary Mark Esper publicly opposed this move.

Mark Esper (00:07): "The option to use active duty forces in a law enforcement role should only be used as a matter of last resort and only in the most urgent and dire of situations. We are not in one of those situations now."

Esper recounted a troubling conversation where Trump allegedly suggested using lethal force against protesters, a claim Trump has vehemently denied.

Fast forward five years and a re-election, President Trump has reignited the debate by deploying California National Guard units to Los Angeles in response to protests against federal immigration raids.

Donald Trump (01:41): "You have violent people and we're not going to let them get away with it."

This move has sparked significant controversy, especially as Trump hinted at expanding military presence to other cities.

Donald Trump (01:46): "Well, we're going to have troops everywhere. We're not going to let this happen to our country. We're not going to let our country be torn apart like it was under Biden."

Governmental Pushback and Legal Challenges

The deployment has faced strong opposition from Democratic leaders in California. Governor Gavin Newsom announced legal action against the Trump administration, labeling the move as unlawful.

Mark Esper (01:12): "I was fairly confident that the president would replace me with an uber loyaltist, if you will, who would do exactly."

The tension between federal authority and state governance raises critical questions about the legality and appropriateness of such military interventions in civil matters.

Expert Analysis: Legal and Political Implications

To provide a deeper understanding, NPR's Ari Shapiro interviews Juliette Kayem, a former Homeland Security official and current Harvard professor. Kayem examines the legal boundaries of deploying the National Guard and the potential invocation of the Insurrection Act.

Juliette Kayem (05:04): "The president's authority to federalize the National Guard has been limited in the past to when either a governor does not follow law... But we didn't see that this weekend."

Kayem explains that the Insurrection Act permits presidents to deploy active military forces to quell insurrections or significant unrest, a move that blurs the lines between military and civilian roles.

Juliette Kayem (05:50): "The Insurrection act is essentially a way for a president to militarize first responders."

She underscores the gravity of such a decision, emphasizing that the deployment of active military forces in urban settings can undermine the long-standing civil-military distinction in the United States.

Political Strategy and Future Ramifications

Discussing Vice President Vance's social media post, Kayem critiques the administration's rhetoric framing immigration-related protests as insurrections, potentially setting the stage for invoking the Insurrection Act.

Juliette Kayem (07:33): "This is an administration that knows what words to use... They're putting out language that is going to protect them, I believe, in any future legal proceedings."

Drawing parallels to Trump's broader strategy, Kayem observes a pattern of using federal power to target political adversaries rather than engaging through established political processes.

Juliette Kayem (09:29): "What we're seeing, whether it's contracts, whether it's certification of educational institutions... is that brute force rather than negotiation through processes that already exist."

Legal Uncertainties and Future Outlook

Governor Newsom challenges the legality of the National Guard deployment, arguing that President Trump has overstepped his authority. Kayem highlights the lack of precedent and clear legal guidelines, suggesting that this confrontation could lead to new legal doctrines.

Juliette Kayem (08:25): "I don't know how he's going to do in court... There's not a lot of case law here."

The uncertainty surrounding the legal battle could have lasting implications for federal-state relations and the interpretation of presidential powers in times of civil unrest.

Conclusion

As the Insurrection Act surfaces in contemporary politics, NPR's "Consider This" provides a comprehensive examination of its potential use and consequences. Through historical context, expert insights, and analysis of current events, the episode underscores the delicate balance between maintaining order and preserving civil liberties. The unfolding legal battles and political strategies will undoubtedly shape the future of federal authority and military involvement in domestic affairs.

This episode was produced by Megan Lim and Connor Donovan, with contributions from Juliette Kayem, and features insightful analysis on a pressing national issue.