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The Insurrection Act

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Oct 26, 2025
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Have there been any Supreme Court cases that have ruled on the President's war declaration powers?

The Supreme Court has long decided cases that shape the President’s wartime and military authority, but there is squarely resolving the President’s power to declare war versus Congress’s role; instead...

Jan 28, 2026
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How have courts interpreted the Insurrection Act and Posse Comitatus in major cases such as Martin v. Mott and more recent litigation?

’s 1827 decision in has long been read to grant the President conclusive authority to decide when exigent conditions justify calling forth the militia, a holding that courts and advocates cite to argu...