No. of Recommendations: 11
[Stephen] Miller has been pushing the idea that those opposed to the administration are engaged in “insurrection” against the United States, and reporters are increasingly questioning Trump about whether he would invoke the 1807 Insurrection Act. That law permits a president to override the 1878 Posse Comitatus Act that forbids the government from using federal troops against U.S. citizens to enforce the law. Trump’s advisors prevented him from invoking the Insurrection Act in his first term, but he seems open to the idea again, falsely suggesting that Democratic cities are, as he described Portland, Oregon, “War ravaged.”
Today in an interview with CNN, Miller went further, claiming that the president has “plenary authority,” that is, complete, unchecked power, to use the military to put down an insurrection.
Miller stopped talking, oddly, in midsentence after making that claim, leaving this exception to the rule of law his final phrase. The claim that exceptions to the rule of law reveal where true power rests in a society is central to the philosophy of Carl Schmitt, a German political scientist who joined the Nazis.
——Heather Cox Richardson
