Washington (June 18, 2025) – Senator Edward J. Markey (D-Mass.) today joined Senators Richard Blumenthal (D-Conn.), Alex Padilla (D-Calif.), Adam Schiff (D-Calif.) and colleagues in introducing legislation to restrict the President’s authority under the 217-year-old Insurrection Act.

The new Insurrection Act of 2025 would reform centuries-old legislation that gives the President broad and vague authority to deploy troops – either with or without the request of a state – to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.” The current law has been used sparingly by other presidents given the potential for the military to escalate tensions, rather than restore order, during a domestic crisis.

The legislation is co-sponsored by Senator Jack Reed (D-R.I.), Ranking Member of the Senate Armed Services Committee, and Senators Cory Booker (D-N.J.), Ron Wyden (D-Ore.), Kirsten Gillibrand (D-N.Y.), Tammy Duckworth (D-Ill.), Chris Van Hollen (D-Md.), Mazie K. Hirono (D-Hawaii), Elizabeth Warren (D-Mass.), Elissa Slotkin (D-Mich.), Tammy Baldwin (D-Wisc.), Bernie Sanders (I-Vt.), Chris Coons (D-Del.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), Andy Kim (D-N.J.), John Hickenlooper (D-Colo.), Mark Warner (D-Va.), and Mark Kelly (D-Ariz.).

The new Insurrection Act of 2025 would:

  • Narrow and clarify the criteria for the domestic deployment of military troops for law enforcement purposes.
  • 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.
  • Clarify that the law cannot be used to suspend habeas corpus, impose martial law, or deputize private militias to act as soldiers.
  • Require the President to consult with Congress prior to invoking the Insurrection Act and receive Congressional approval if the President seeks to exercise authority under the Act for longer than 7 days.
  • Require a report to Congress providing an explicit justification for the use of the Insurrection Act’s authority, as enumerated in this legislation, and a full description of the scope and duration of its use.
  • Provide for judicial review to ensure that individuals, or a state or local government, may bring a civil action if the President’s authority under the Insurrection Act is misused or abused.

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