2020: Fitzpatrick Voted Against Limiting The Insurrection Act Amidst
President Trump's Threats To Deploy Federal Troops In Response To Black
Lives Matter Protests. In July 2020, Fitzpatrick voted against an
amendment to the FY 2021 NDAA that would, according to Congressional
Quarterly, "restrict the president's authority to invoke Insurrection
Act authorities to call state militias into federal service to suppress
an insurrection within a state. Specifically, it would require the
president and Defense Department to certify to Congress that the state
is unable or unwilling to take such action and describe the mission and
scope of use of force, and it would prohibit the direct participation of
the U.S. armed forces in a search, seizure, arrest or similar activity
unless expressly authorized by law." The vote was on adoption. The House
adopted the amendment by a vote of 215-190. [House Vote 141,
7/20/20; Congressional
Quarterly, 7/20/20;
Congressional Actions,
H.Amdt.883;
Congressional Actions,
H.R.6395]
The Amendment Added Limits To The Insurrection Act In The Wake Of
President Trump's Threats To Invoke The Measure And Deploy
Active-Duty Troops Against Black Lives Matter Protests. According
to The Hill, "The Democratic-controlled House voted Monday to add
limits to the Insurrection Act after President Trump threatened to
invoke it to deploy active-duty troops against recent protests over
racial injustice [...] The amendment approved Monday would require
a president consult with Congress 'in every possible instance'
before invoking the Insurrection Act, as well as require the
president and Defense secretary to make a certification to Congress
that a state is unwilling or unable to suppress an insurrection in
order to invoke the law. The certification would have to include
'demonstrable' evidence that a state is unwilling or unable to act."
[The Hill,
7/20/20]
Though Trump Did Not Invoke The Insurrection Act, He Discharged
Federal Law Enforcement In D.C. In Response To Black Lives Matter
Protestors. According to The Hill, "Last month, trump threatened
to invoke the Insurrection act at the height of the protests, saying
he would deploy active-duty troops if governors did not 'dominate'
demonstrators. The 1807 act creates an exception to the general
prohibition on using the U.S. military to enforce domestic laws. It
was last used by former President George H.W. Bush at the request of
California's governor to quell the 1992 Rodney King riots. Trump has
not invoked the Insurrection Act despite his threat, but Democrats
are still pushing changes to the law after federal law enforcement
used force to clear protestors from Lafayette Square outside the
White House." [The Hill,
7/1/20]
The Amendment Specified That Deployed Troops Would Be Banned From
Search And Seizure Activities. According to The Hill, "The
amendment would also specify that troops deployed under the
Insurrection Act are not allowed to participate in search, seizure,
arrest, or 'other similar activity' unless they are 'otherwise
expressly authorized by law.'" [The Hill,
7/20/20]
Republicans Opposed The Amendment, Arguing It Would "Dangerously"
Delay The President's Ability To Respond To Riots. According to
The Hill, "Republicans argued the amendment would dangerously
constrain troops and delay a president's ability to respond to a
riot." [The Hill,
7/20/20]