The Insurrection Act sounds scary ... because it is
- Harry Colbert, Jr.
- Jan 17
- 3 min read
Minnesotans are one edge with the recent killing of Renee Good and this past Wednesday’s shooting involving an ICE agent in North Minneapolis. And now there’s talk of the president invoking the Insurrection Act, but what does that mean … and is it as ominous as it sounds?
The Insurrection Act of 1807 allows the president to deploy military troops into any area within the U.S. and federalize the National Guard, which during normal times falls under the control of a state’s governor. The act can only be invoked under certain unique circumstances such as rebellion or civil unrest. If invoked, the military would have broad authority within our borders including to patrol and arrest.
Mark Osler, professor of Law at the University of St. Thomas and a former federal prosecutor and deputy Hennepin County attorney said yes, it is as ominous as it sounds.
"I'm one of the few people who has lived in a city that went through one of these before, and it's a terrifying thing to have your city occupied by a military force. It's a severe measure and the terror and fear is very real,” recalls Osler, who was in Detroit during an uprising in 1967. "This is something different than the National Guard being called in. Instead of part time soldiers, you have career military people and military equipment used in the city.”
Osler says he thinks it's a very real possibility the president will follow through with his threat to invoke the act and Osler says if so, it would be a watershed moment in our history.
Civil rights attorney and activist Nekima Levy-Armstrong finds irony in the president possibly calling for the act to be used in Minnesota, while it was not invoked during an actual attempt at insurrection.
“What happened (Wednesday's protest following the ICE-involved shooting in North Minneapolis), which was very minor in regard to what could have happened, is now being weaponized by a man who incited an actual insurrection on Jan. 6 of 2021,” says Levy-Armstrong, talking about how President Donald Trump encouraged supporters to storm the Capitol in order to get his then vice president to not certify the 2020 election, which he lost.
Levy-Armstrong says in Minnesota and in the nation it feels like we are living under authoritarian rule.
“There are no guardrails for these ICE agents in our city,” says Levy-Armstrong. “It really feels like we are under siege.”
In a statement from Senate Majority Leader Erin Murphy, the DFL senator says “Renee Good was shot in the face, in the light of day, and another Minnesotan was shot by federal agents who should never have been sent here. In response, federal officials are manufacturing false narratives, covering up the investigation, and escalating the numbers and actions of ICE agents in our state. She continues, “I am deeply concerned about Donald Trump’s threat to invoke the Insurrection Act. The federal government is trampling human, civil and constitutional rights. They are threatening our people with the power of the federal purse. Minnesotans aren’t having it. For peace and safety, it is time for ICE to leave Minnesota.”