In this timely episode, we welcome back Professor Dakota S. Rudesill, Associate Professor of Law at the Moritz College of Law, for an in-depth discussion on the legal boundaries of presidential authority in deploying military force within the United States. Prof. Rudesill unpacks the constitutional and statutory frameworks that govern the separation between civilian law enforcement and military power. The conversation delves into real-world applications, including President Trump’s controversial use of the National Guard and federal forces during nationwide protests.

Topics covered include:

• Legal definitions of rebellion and insurrection
• Procedural requirements for domestic military deployment
• Historical context of civil unrest and executive power
• The role of habeas corpus and its potential suspension
• Tensions between border security and immigration policy

Whether you’re a law student, policy enthusiast, or just curious about the limits of presidential power, this episode offers a compelling exploration of one of the most critical issues in American constitutional law.

About Dakota

Professor Rudesill is a scholar, practitioner, and teacher of legislation and national security law and policy. At Moritz, he teaches National Security Law & Process, Secrecy & Surveillance, Legislation and Regulation, theLegislation Clinic, and Professional Responsibility (legal ethics). His scholarship has appeared or is forthcoming in the Georgetown Law Journal, Stanford Journal of International Law, Yale Journal of International Law, Harvard National Security Journal, Georgetown Journal of Law & Public Policy, and the Washington University Law Review, among others. Professor Rudesill is a member of the editorial board of the peer-review Journal of National Security Law and Policy. He has served as Chair of the National Security Section of the American Association of Law Schools (AALS).

Particular areas of emphasis in Professor Rudesill’s work are intelligence and secrecy (including secret law), arms control and nuclear weapons, legislation, and the experiential “learning-by-doing” training of professionals. Professor Rudesill leads a coalition pushing for a congressional clerkship program analogous to the judiciary’s law clerk program, and is the creator and director of The Ohio State National Security Simulation. This immersive annual exercise places over 130 OSU students from law, policy, intelligence, military, communications, and business management backgrounds in their respective roles as they grapple with current national security challenges and advise top practitioners in real time over two days.