William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

Floor Speech

Mr. Speaker, for over 200 years, Presidents have had the authority to send the military into American communities at times of unrest.

The Insurrection Act is a power many Americans are unaware of primarily because it has historically rarely been invoked. It has, at times, been used by Presidents at the request of State Governors, but during our Nation's tumultuous civil rights era, it was an authority used by Presidents Eisenhower, Kennedy, and Johnson against the wishes of Southern Governors.

Their use of the military in American communities helped protect the civil rights of African Americans at a time of deep national unrest. In fact, the Insurrection Act was used to protect Selma to Montgomery marchers in 1965, protection needed by the marchers after Bloody Sunday, where our beloved late colleague, John Lewis, was beaten and bloodied. This is an important Presidential power intended to restore peace and protect Americans.

My amendment does not seek to undermine or eliminate this authority. Instead, it is intended to bring about transparency and close a loophole.

America is founded in a Constitution that enshrines a system of separate but coequal branches of government. As such, Congress has a duty to evaluate for any Presidential power where consultation may be necessary and to provide oversight.

Today, if the President of the United States chooses to use military force abroad, the President would have to consult with Congress. Yet that same consultation is not required for use of military force on American soil. My amendment closes that loophole providing for consultation and oversight similar to what is currently required when the military is called on to engage overseas.

The NDAA is our annual opportunity and responsibility to evaluate and authorize defense activities. With this amendment to a centuries-old law, Congress and future Presidents can ensure that Insurrection Act authority, when used, is consistent with our history of preserving peace and civil rights in America.

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Will the gentleman yield?

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Mr. Speaker, this is not about when or whether a President utilizes the Insurrection Act. This is simply about consulting with Congress in the same way that we expect a President to consult with Congress.

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Sherrill).

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Omar).

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Mr. Speaker, how much time do I have remaining.

BREAK IN TRANSCRIPT

Ms. ESCOBAR. Mr. Speaker, I just want to frame this very simply. We are asking for the same transparency and consultation when a President decides to use troops on American soil as when he decides to send troops abroad.

Mr. Speaker, I urge my colleagues to support this amendment, and I yield back the balance of my time.

BREAK IN TRANSCRIPT

Source