U.S. Sen. Mark Warner, D-Va., and more than 20 Senate Democrats are backing legislation to limit how and when a president can send in the military during unrest within the country.
The plan would change the Insurrection Act, a law passed over 200 years ago that allows presidents to use active-duty troops during emergencies. Warner said the current law gives the president too much power and needs stronger checks from Congress.
Warner’s bill would require the president to consult Congress before invoking the Insurrection Act and obtain congressional approval if deployments last over seven days.
It would also clarify that the military can only be used if civilian law enforcement is insufficient and explicitly prohibit suspending habeas corpus or deputizing private militias as soldiers. The legislation also provides for judicial review, allowing individuals or state and local governments to challenge the use of the law if it is misused.
“It’s clear that President Trump is unworried about defying the limits on executive power clearly outlined in our Constitution,” Warner said. “Though he has not yet invoked the Insurrection Act, his threats to do so indicate a pressing need for congressional reform. This urgent legislation would establish the checks and balances needed to ensure that our military is deployed only in accordance with our laws and not as an instrument of personal or political power,” Warner said.
Over 20 Democratic senators have signed on as cosponsors.
