The legislation is aimed to update the 1807 insurrection act.
Rep. Chris Deluzio (D-PA) introduced legislation entitled the “Insurrection Act of 2025” on Tuesday, in an effort to limit presidential power. Deluzio said his goal was to narrow the scope under which the act could be enacted by the executive branch. Deluzio cited concerns from Democrats that President Trump could mobilize the U.S. military on protesters. The insurrection act of 1807 original intent acts as a measure that can only be taken by the President to use troops and national guardsmen to quell violent protests.
“No President should have such wide-ranging power to deploy American troops against the American people,” said Deluzio in a press release. “This President has threatened to use the United States military to crush dissent among the American people, and Congress should act to reform and update the law that governs deployment of our troops for law enforcement in the United States.”
Deluzio and some Democrats accused President Trump of wanting to use the insurrection act to control public sentiment, although it has not happened. The President also did not express interest in using the insurrection act, specifically in Los Angeles. Other executive powers were used in Los Angeles recently to help fortify the city and protect citizens after violent protests relating to Trump’s illegal immigration policies swept the city. The executive authority used were previously used powers including in 2021 for President Joe Biden’s inauguration.
California Gov. Newsom filed a lawsuit against President Trump for his deployment of the National Guard in Los Angeles, although federal law states that the executive branch has full authority of the National Guard under “hybrid” status, where the guard serves both state and federal responsibilities. Trump downplayed the lawsuit and provided a screenshot as evidence that he did in fact call the governor before deploying the National Guard.
Rep. Sara Jacobs (D-CA) offered support for Rep. Deluzio’s updates to the insurrection act, criticizing the President for using the National Guard for federal purposes. In her statement as part of Deluzio’s press release, she accused President Trump of “twisting the law for personal gain” and called the scenes in California “troubling.”
While Deluzio claimed that Trump’s actions in Los Angeles – which did not mention the insurrection act – were unprecedented, the insurrection act has been used numerous times throughout history. Most recently, President George H.W. Bush invoked the insurrection act to quell violent protests also in Los Angeles after the death of Rodney King in 1992. The act has also been used 29 other times throughout history to deal with disputes ranging from violence to labor strikes, including by President Lincoln during the Civil War.
According to Rep. Deluzio’s press release, the primary objectives of the legislation would be to “Narrow and clarify the criteria for the domestic deployment of military troops for law enforcement purpose and “Specify that the use of the military is a last resort and is authorized only if the use of civilian law enforcement authorities would be insufficient.” Deluzio also cited a companion bill in the Senate from last month introduced by Mark Warner (D-VA).
