The Insurrection Act is brief. It allows the president, at the request of a state government, to federalize the National Guard and to use the remainder of the Armed Forces to suppress an insurrection against that state's government.
You’ve actually made my point. The Insurrection Act was amended in 2007 to allow it to be invoked WITHOUT state approval, but that provision was eliminated after all 50 governors unanimously opposed it.
There is also this which gives him the power to override the Governor if they are not doing the job:
From the DOD Handbook “Use of Federal Troops for Disaster Assistance”:
Inherent Emergency Power
Department of Defense (DOD) regulations assert another exception that does not rest on statutory authority, but is available in very limited circumstances and covers actions that are taken under the inherent right of the U.S. Government ... to ensure the preservation of public order and to carry out governmental operations within its territorial limits, or otherwise in accordance with applicable law, by force, if necessary. The emergency power, according to DOD directives, is available to protect federal property and functions, and to authorize prompt and vigorous Federal action, including use of military forces, to prevent loss of life or wanton destruction of property and to restore governmental functioning and public order when sudden and unexpected civil disturbances, disaster, or calamities seriously endanger life and property and disrupt normal governmental functions to such an extent that duly constituted local authorities are unable to control the situation.
Ordinarily, the implementation of such operations must be authorized by executive order, but DOD officials and military commanders may take emergency action without prior authorization in cases where sudden and unexpected civil disturbances (including civil disturbances incident to earthquake, fire, flood, or other such calamity endangering life) occur, if duly constituted local authorities are unable to control the situation and circumstances preclude obtaining prior authorization by the President.
Pay very careful to this clause:
Department of Defense (DOD) regulations assert another exception that “does not rest on statutory authority,” but is available in very limited circumstances and covers actions that are taken under the inherent right of the U.S. Government.
“Does not rest on statutory authority” and the Covid-19 crisis is the limited circumstance which overrides that clause in the Insurrection Act. I was talking to my Godson who is a Marine Corps Officer who will be taking part in this operation and we discussed this at length two days ago. He could be going to NY to bring order with an armored unit.
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government.
Regarding the federal government's constitutional powers...
U.S Constitution - Article 4, Section 4:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (Note: Pelosi says the House can not be convened due to Wuhan-19)
10 U.S. Code CHAPTER 13—INSURRECTION
10 U.S. Code §?252.Use of militia and armed forces to enforce Federal authority
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
10 U.S. Code §?253.Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—(1)so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2)opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
The president has the authority to safeguard the Constitutional rights of United States citizens, of any state, where the state &/or local governments fail those United States citizens.