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Insurrection Act and Executive Power

The Insurrection Act and the limits of executive power in the United States, including the role of the judiciary in reviewing presidential invocations of the Act.

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Jan 25, 2026
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How have courts interpreted the president’s authority under the Insurrection Act and emergency powers in recent decisions?

Recent judicial decisions have pushed back against executive claims of unchecked power under the and related emergency authorities, holding that presidential invocations are reviewable and limited by ...