January 19, 2026

The Insurrection Act Needs Updating

From Carlos Velazquez


As much as I see the need for strong federal action and sympathize with President Trump in this matter, I need to add some necessary context to this screenshot.
The Insurrection Act is an old law. Not just old in years, but old in assumptions. It was written for a world where defiance of federal authority was overt, documented, and unmistakable. Governors stood in doorways. Orders were issued on paper. National Guards were openly deployed to block federal law or federal court orders. Responsibility was visible, traceable, and undeniable.
That world no longer exists.
The Insurrection Act could not have anticipated the internet. It could not have anticipated smartphones in every pocket. It could not have anticipated instant text communication, livestreaming, viral video, or real-time coordination across thousands of people with no formal chain of command. It could not have anticipated encrypted messaging apps, disappearing messages, burner accounts, or decentralized networks that can mobilize crowds in minutes and dissolve just as fast. It could not have anticipated social media platforms that algorithmically amplify outrage, nor activist ecosystems that blur the line between spontaneous protest and coordinated interference.
Most importantly, it could not have anticipated plausible deniability as a governing strategy.
Today, officials do not need to issue formal orders to obstruct federal law. They do not need to deploy the National Guard to block anything. They can signal hostility rhetorically, encourage "documentation,” tolerate selective non-enforcement, and allow sympathetic actors to interfere, all while maintaining clean hands and careful language. The obstruction happens anyway, but responsibility is diffused. Intent is implied, not declared. Action is outsourced to crowds, activists, and digital networks rather than state forces.
In earlier eras, this kind of behavior would have required explicit conspiracy and coordination. Today, it happens organically, at scale, and at speed, through tools that did not exist when the statute was written. The law assumes that defiance looks like defiance. Modern defiance looks like ambiguity, omission, and signaling.
That means the Insurrection Act should not be invoked lightly, or that it necessarily applies in every modern conflict. But it does mean the statute is operating with blind spots that did not exist in 1957 or 1963. It was built to handle governors who said "no.” It struggles with governors who never quite say anything at all, but whose words, timing, and tolerance produce the same practical result.
If the Act is to remain relevant in a digital, hyper-connected, polarized society, it needs to grapple honestly with that reality. Otherwise, we are left pretending that modern obstruction must look like a man standing in a doorway, even though power no longer works that way.
In short, the Act needs updating to take into account 21st century conditions.

Posted by: Timothy Birdnow at 09:46 AM | No Comments | Add Comment
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