Can President Trump Invoke the Insurrection Act Over the Objections of State Governors?

Can President Trump Invoke the Insurrection Act Over the Objections of State Governors?

Author: National Constitution Center October 16, 2025 Duration: 57:44
In this episode, William Banks of Syracuse University College of Law and Laura Dickinson of the George Washington Law School join to discuss the history and meaning of the Insurrection Act, which authorizes the president to deploy the U.S. military for domestic law enforcement purposes. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.     Resources Illinois v. Trump (N.D. Illinois, 2025)  United States v. Cruikshank (1875)  Martin v. Mott (1827)  William Banks and Stephen Dycus, Soldiers on the Home Front: The Domestic Role of the American Military (2016)  William Banks, “Providing ‘Supplemental Security’ – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law & Policy (12/15/2009)  Laura Dickinson, “Protecting the U.S. National Security State from a Rogue President,” Harvard National Security Journal (1/9/2025)  Laura Dickinson, “How the Insurrection Act (Properly Understood) Limits Domestic Deployments of the U.S. Military,” Lawfare (9/12/2024)    In our new podcast, Pursuit: The Founders’ Guide to Happiness, Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection.  Listen to episodes of Pursuit on ⁠Apple Podcast⁠ and ⁠Spotify⁠.  Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠ ⁠⁠⁠⁠Continue the conversation by following us on social media @ConstitutionCtr ⁠⁠⁠⁠ Explore the⁠⁠⁠ ⁠America at 250 Civic Toolkit⁠⁠⁠⁠ ⁠⁠⁠⁠Sign up⁠⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate Follow, rate, and review wherever you listen Join us for an upcoming⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠live program⁠⁠⁠⁠ or watch recordings on⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠YouTube⁠⁠⁠⁠ Support our important work:  ⁠⁠⁠⁠Donate⁠⁠⁠

Hosted by National Constitution Center President and CEO Jeffrey Rosen, We the People is a weekly conversation that digs into the constitutional questions shaping the country right now. This isn't just a history lesson, though historical context is always part of the discussion. Instead, each episode brings together leading voices-legal scholars, journalists, public officials, and advocates-to engage in thoughtful, civil debate. You'll hear genuine dialogue where participants articulate and defend their positions, offering a clearer understanding of the complex legal and philosophical principles at stake. The goal is to move beyond headlines and soundbites, providing a forum where the best arguments from all sides are presented with depth and respect. Tuning into this podcast feels like sitting in on a crucial discussion at the intersection of law, politics, and society, one that illuminates how the Constitution actively influences contemporary American life. Produced by the National Constitution Center, it serves as an essential resource for anyone looking to deepen their grasp of the nation's founding document and its powerful, ongoing role in our public discourse.
Author: Language: English Episodes: 100

We the People
Podcast Episodes
Introducing Pursuit: The Founders’ Guide to Happiness [not-audio_url] [/not-audio_url]

Duration: 30:14
In our new podcast, Pursuit: The Founders’ Guide to Happiness, Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection. Th…
Can President Trump Fire Federal Reserve Governor Lisa Cook? [not-audio_url] [/not-audio_url]

Duration: 1:05:53
In this episode, Christine Chabot of Marquette University Law School and Michael McConnell of Stanford Law School join to discuss Federal Reserve Governor Lisa Cook’s termination and the broader legal and constitutional…
The History and Future of Partisan Gerrymandering in America [not-audio_url] [/not-audio_url]

Duration: 1:13:43
In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard Law School join to discuss the history and future of partisan gerrymandering, including the mid-decade redistricting…
A Conversation on America’s 250th [not-audio_url] [/not-audio_url]

Duration: 58:12
In this episode, Sabrina Lynn Motley, director of the Smithsonian Folklife Festival at the Center for Folklife and Cultural Heritage, and Jeffrey Rosen, president and CEO of the National Constitution Center, discuss how…
Is Section 2 of the Voting Rights Act Unconstitutional? [not-audio_url] [/not-audio_url]

Duration: 1:04:40
In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard Law School join to discuss the history and future of racial gerrymandering, including how the Court’s upcoming decisi…
The Oldest Constitutional Question [not-audio_url] [/not-audio_url]

Duration: 1:01:28
In this episode, Richard Primus of the University of Michigan Law School and John Harrison of the University of Virginia School of Law join to discuss Primus’s new book The Oldest Constitutional Question: Enumeration and…
The Past, Present, and Future of Abortion in America [not-audio_url] [/not-audio_url]

Duration: 55:45
In this episode, Mary Ziegler of the UC Davis School of Law and Stephen Gilles of the Quinnipiac University School of Law join to discuss Ziegler’s new book Personhood: The New Civil War over Reproduction, which explores…
W.E.B. Du Bois and His Impact on America [not-audio_url] [/not-audio_url]

Duration: 48:13
In this episode, Pulitzer Prize-winning historian David Levering Lewis joins to unpack Du Bois’ life, legacy, and enduring impact on American history and discuss his new memoir, The Stained Glass Window. Resources David…