Impounding Impoundment - Special Guest Josh Chafetz

Impounding Impoundment - Special Guest Josh Chafetz

A Federal District Court has temporarily halted an executive order from President Trump that purports to halt wide swaths of federal spending. This impoundment of funds duly appropriated by Congress may violate the Constitution as well as federal statutes. We bring an expert on the relationship between Congress and the Presidency, Professor Josh Chafetz, and he takes us back to 17th century and Britain, through the American founding, into the early republic, and indeed into the presidency of Richard Nixon to give a full historical and originalist background. But there’s more, with modern statutes, Supreme Court cases, structural analysis - in short, everything. And for good measure, we dive a little deeper into some statements by Vice President Vance which seem to suggest that he thinks the President is not bound by the Supreme Court’s decisions and orders. Professor Amar appeared on CNN to discuss this, and now he expands on those comments. Lots of depth in this episode, and as usual, CLE credit is available for lawyers and judges by visiting podcast.njsba.com.

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Avsnitt(293)

An Amendment Like Some Others - Special Guest Vikram D. Amar

An Amendment Like Some Others - Special Guest Vikram D. Amar

Voting rights are in the news.  The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles.  This time, a number of states have passed...

26 Aug 1h 21min

Preclearing the President

Preclearing the President

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again?  New tariffs are offered after the old ones are thrown out.  Birthright ci...

19 Aug 1h 14min

There You Go Again

There You Go Again

The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purp...

12 Aug 1h 8min

Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people a...

5 Aug 1h 19min

Faces of Intratextualism

Faces of Intratextualism

We continue our survey of the Roberts Court’s oeuvre of constitutional cases, with particular emphasis on the series of cases that concerned making rules for voting and for voting districts.  These ca...

29 Juli 1h 23min

The Surprising Score

The Surprising Score

The SCOTUS term is behind us, and we take a look back - not just at this term, but at the entirety of the Roberts Court.  What are the most important constitutional cases of its time?  Where do the ju...

23 Juli 1h 22min

Dissenting from the Dissents

Dissenting from the Dissents

How could the vote in Trump v. Barbara have been as close as it was?  Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts' majority opinion...

16 Juli 1h 26min

Unitary Duality - Guests Steven Calabresi and Vikram Amar

Unitary Duality - Guests Steven Calabresi and Vikram Amar

he Supreme Court ruled in two cases framing Unitary Executive theory.  So it’s entirely appropriate that we have two great experts on the topic joining us.  Steve Calabresi literally wrote the book on...

8 Juli 1h 30min

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