On the recordOctober 21, 2025
The reforms that my colleague speaks of are incredibly important because we have a standard under title 10. Under title 10, which is the federalization of the National Guard, the standard is there has to be a rebellion and there has to be an invasion. A rebellion: a sizable group, well-organized, well-armed, seeking to overthrow the government. An invasion: a significant military force coming across to attack us. They are well-understood terms. Even with that title 10, I am very nervous because even though the law does not say to give deference to the President in title 10, two of the judges said you should give deference to the President, which I find absurd because what it means is these standards that were crafted in legislation here--I am sure broadly and intensely debated--and said no, it has to be a rebellion or it has to be on the verge of a rebellion and the understanding of what that would look like--and to say it is a rebellion just because the President says there is one and there is nothing, like that type of deference, that is throwing open the gates to say an authoritarian President can roll out the military under title 10. That is scary as hell. The Insurrection Act, in ways, is even scarier because it does have an explicit deference to the executive.
Source
govinfo.gov




