The Insurrection Act, Explained
... Moreover, even on its face, the Insurrection Act only permits the use of troops to enforce either federal laws or a narrow category of state laws (essentially, civil rights protections). Troops could not be used, for instance, to combat street crime, as that type of criminal activity is governed by state and local laws.
Most important, no statute can override the Constitution. Accordingly, troops deployed under the Insurrection Act may not violate individuals’ constitutional rights. They may not, for example, search a person’s home without a warrant. And while the Insurrection Act is an exception to the Posse Comitatus Act, it is not an exception to other federal laws that might apply to their conduct (for instance, the law criminalizing the presence of federal troops at polling places). ...
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