"If it weren't for those meddling lawyers!"

How could Trump send in troops to quell protests? @PressSec cites the Insurrection Act of 1807 ... pic.twitter.com/iPGXfPFacs

— Steven Portnoy (@stevenportnoy) June 1, 2020

Which reads in relevant part:

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

Start with the first part:  "so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection;"

Well, there is no "right, privilege, immunity or protection named in the Constitution and secured by law" about having your business looted or burned (yes, it is illegal, but under state law) nor by the burning of police cars or by people massing in the streets.  Even if there was, are the "constituted authorities of the State...unable, failing], or refus[ing] to protect [any such] right, privilege, or immunity"?  In the several states where marches and violence are happening?  Do we have a large enough military for that?   And is the President willing to declare so many states failures?

Seriously.

Is the course of justice being impeded if the State in question (which one, again?) doesn't arrest as many people as the POTUS thinks they should?  That doesn't really go to the second clause, because that clause references "the laws of the United States."  Are the FBI and U.S. Marshals unable to do their jobs in those states because of the marches and the violence?

This law doesn't have the scope Trump and some in the White House (or outside of it; Tom Cotton is salivating for it, too) think it does.  Although I await the inevitable Presidential tweet:  "INVOKE 'I'!"