The John Batchelor Show podcast

34: The Constitutional Authority to Deploy National Guard to Protect Federal Facilities Guest: Professor John Yoo Professor John Yoo discusses the President's inherent constitutional authority to use the National Guard to protect federal property and personne

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The Constitutional Authority to Deploy National Guard to Protect Federal Facilities Guest: Professor John Yoo Professor John Yoo discusses the President's inherent constitutional authority to use the National Guard to protect federal property and personnel during city disorder. Drawing on the In re Neagle case from 1890, Yoo confirms the federal government's right to use force to execute its functions on American soil. He argues that governors opposing deployment are resisting federal law enforcement, akin to segregationists resisting integration. Yoo clarifies that states can adopt "sanctuary" policies by choosing not to cooperate with federal law, but they cannot constitutionally impede federal agents from carrying out their duties.



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