Sunday, October 12, 2025

Of Insurrections And Hot Dogs 🌭

 Suddenly I’m curious about the Insurrection Act. Turns out it’s been used 29 times since 1808. Which rather dulls the concern about its use, because it doesn’t really invoke “martial law.”

 Lincoln used it, unsurprisingly, in the Civil War. There are many more “mundane” uses of it, but the interesting bit is the six times it was used after the Civil War to respond to white supremacist actions. And four times after Brown v Board, because governors of Southern states used their NG to prevent blacks attending white schools.

It was also invoked in the aftermath of Dr. King’s assassination, and again after the death of George Floyd.

So it’s been used to keep governors from ignoring Supreme Court orders; to suppress violence; once (under Hoover) to suppress the “Bonus Army” protest. And Trump wants to use it to…keep people in animal costumes off the streets of Portland?  To stop people in Chicago from putting ketchup on their hot dogs? 🌭 (I might actually sympathize with that one.)

I kind of think the courts would allow him to do it, if he tried. But nothing in the history of its use says “martial law,” or the destruction of federalism or the 10th amendment. And frankly, the NG in D.C. ended up raking leaves when they quit hassling people at the train station. They never even ventured into the “non-tourist” areas of the city, where ordinary people live. Word was, they were afraid to.

Should Trump send the Marines to Portland? Frankly I’m more worried now about him paying the military and usurping more of Congress’ Art. I authority, which I’m sure the Sinister Six will allow him. 

Invoking the Insurrection Act at this point would just turn even the MSM against him. Imagine the Sunday morning shows discussing the historic uses of the Act, and finally talking about Trump’s clearly groundless obsession with conditions that simply don’t exist. Not to mention the troops would have nothing to do. No protests to forcibly put down (even the Marines didn’t do that in LA), no real opposition to move against. They aren’t going to take over for ICE and start arresting people. Trump would finally overplay his hand with nothing further to threaten.

And it’s not like what he’s done so far has made him more popular.

I don’t want him to do it, but how am I going to stop him? More worrisome is the erosion of the Constitution in favor of a blatantly unconstitutional legal theory.

We’ve really got to start focusing on amending the Constitution. We could start those wheels turning as early as 2027. The sheer rejection of the GOP that is shaping up could be the catalyst, if we use it.

2 comments:

  1. Has it been used since the Roberts Court made what Republican presidents do immune from prosecution? That certainly changes a lot of it as well as the blanket pardons Trump gave to the insurrectionists.
    I'm a pessimist about this but maybe I'm wrong.

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  2. Violating the Constitution and the oath of office are impeachable offenses, not criminal ones. That immunity was baked in before Roberts was a gleam in his Pappy’s eye. Trump is going to finish out his term. The only question right now is whether or not the voters use their monkey wrench and vote next November to change the narrative. And the power.

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