Can President Trump Federalize the California National Guard?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 19 June 2025

⏱️ 58 minutes

🔗️ Recording | iTunes | RSS

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Summary

On June 7, President Trump asserted control over California’s National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom’s lawsuit challenging the legality of President Trump’s actions. Resources Michael Ramsey, “John Yoo on Presidential Authority to Use the National Guard,” The Originalism Blog (June 13, 2025)  Elizabeth Goitein, “Unpacking Trump’s Order Authorizing Domestic Deployment of the Military,” The Brennan Center (June 10, 2025)  Elizabeth Goitein, “Preventing Use of National Guard to Evade Posse Comitatus Act,” Center for a New American Security (May 20, 2025) Newsom v. Trump, Northern District of California (June 12, 2025) Martin v. Mott (1827) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠[email protected]⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠Sign up⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠live program⁠⁠⁠ or watch recordings on ⁠⁠⁠YouTube⁠⁠⁠. Support our important work. ⁠⁠⁠Donate

Transcript

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0:00.0	On June 7th, 2025, President Trump invoked emergency authority to assume federal control of the California National Guard.
0:11.4	Hello, friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.
0:20.2	The National Constitution Center is a nonpartisan nonprofit, chartered by Congress, to increase awareness and understanding of the Constitution among the American people.
0:29.6	This week we'll explore the meaning of the law that President Trump invoked.
0:33.6	It's 10 U.S.C. 12406, and we'll unpack California Governor Gavin Newsom's lawsuit, challenging
0:42.0	legality of President Trump's actions.
0:44.6	To help us answer these questions, we have two leading scholars of national security law.
0:50.5	Professor Michael Ramsey is the Warren Distinguished Professor of Law at the University of San Diego School of Law.
0:56.9	Mike Clerk for Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the U.S. Supreme Court.
1:04.9	He co-added the book International Law in the U.S. Supreme Court, continuity and change, and wrote an excellent blog post on the
1:11.8	originalism blog about Trump v. Newsom. Professor Ramsey, it is wonderful to welcome you to We the People.
1:19.3	Well, thanks so much, Jeff, for having me here, and it's always an honor to be on this great show.
1:25.2	And Liza Goutin is senior director of the Brennan Center's Liberty and National Security
1:30.5	Program.
1:31.5	She's a nationally recognized expert on presidential emergency powers, government surveillance,
1:36.0	and government secrecy.
1:37.3	Before joining the Brennan Center, Liza served as counsel to Senator Russ Feingold,
1:41.6	chair of the Constitution Subcommittee of the Senate Judiciary Committee.
1:45.1	She graduated from Yale Law School and clerk for Judge Michael Daley Hawkins of the U.S.
1:49.4	Court of Appeals for the Ninth Circuit. She's the author of a very helpful analysis of President
1:54.5	Trump's National Guard Order in Just Security. Liza, it's wonderful to welcome you to We the People.
2:01.0	Thanks so much, Jeff. Happy to be here.
	...

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