38: The Constitution, the Militia, and Federal Overreach Guest: Rob Natelson Rob Natelson clarifies that the militia, or National Guard, is fundamentally a state force under gubernatorial command, though Congress can authorize the President to call it forth t
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 31 October 2025
⏱️ 6 minutes
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1932 FDR ALBANY
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| 0:32.6 | I'm John Batchel with Professor Rob Nadelson, |
| 0:36.6 | and he is helping me understand how tangled this story is about the National Guard, the militia, capital M, in constitutional language. |
| 0:45.5 | And Rob, you have recommendations to clear up all of these gray zones as we see the news is going to tumble with a quick reaction for us and who has the |
| 0:56.7 | power to send it into states and defining what. You concentrate on the court's duties when and if this |
| 1:04.7 | arrives on the doorstep of the overburdened Supreme Court. The one that attracts me most because it requires detail, |
| 1:12.7 | the court should uphold the validity of 10 U.S.C. 12406 |
| 1:16.6 | as a valid exercise of the calling forth clause. |
| 1:19.8 | What does that mean, Professor? |
| 1:21.3 | Well, what that means is that Congress exercised its power |
| 1:24.5 | under the Constitution to authorize the President to use the National Guard |
| 1:29.8 | in areas authorized by the Constitution. So I don't think that there's anything wrong with that |
| 1:39.6 | statute per se, but you're right in saying that I think some reform is necessary. And by the way, |
| 1:46.0 | I'm not alone. I mean, people across the political spectrum, the Brennan Center for Justice, |
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