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The John Batchelor Show

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

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 31 October 2025

⏱️ 16 minutes

🧾️ Download transcript

Summary

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 to execute federal laws, suppress insurrections, or repel invasions. Recent court cases concerning President Trump's use of the Guard to protect federal buildings hinged on whether its use was truly "necessary" under constitutional law. Natelson warns that the modern trend of federalizing the militia, including the Pentagon's order to form quick response units, directly contradicts the Constitution's original limits on federal authority.

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Transcript

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This is CBSI on the world.

0:36.1

I'm John Batchel.

0:37.2

The national debate over the militia, sometimes called the National Guard.

0:43.7

I welcome Rob Nadelson, constitutional law professor, senior fellow in constitutional jurors prudence at the Independent Institute in Denver,

0:56.1

author of the original Constitution,

1:01.9

and he is a contributor to the Heritage Foundation's Heritage Guide to the Constitution.

1:06.9

In other words, this is my go-to guy when there's a debate over the Constitution.

1:08.8

Rob, a very good evening to you, Professor.

1:09.4

Thank you.

1:29.8

I plunge you immediately into an argument that you published at the Civitas Outlook for Civitas Institute, the University of Texas at Austin. It has to do with two cases decided in contention with the decision by the President of the United States to call forth the National Guard in certain cities in the West, California, and Oregon in this instance. First was a case the Ninth Circuit ruled Newsom versus Trump.

1:36.3

The second was a case for a federal district judge in early October, Oregon versus Trump.

1:42.1

As I understand, there have been decisions now that mean they're going

1:47.6

in the same direction, agreeing the courts did that the president does have the right to call

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