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Immigration and Naturalization Service v. Chadha

5/26/202645 min

In 1983, the Supreme Court declared the legislative veto unconstitutional, forever kneecapping Congress’ ability to check the executive branch. Now you have to learn about bicameralism and presentment. 

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5-4 is presented by Prologue Projects. This episode was produced by Alli Rodgers. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com 

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Clips

Transcript preview

First 90 seconds
  1. Warren Burger· Soundbite0:00

    We'll hear arguments next in, uh, Immigration and Naturalization Service against Chadha and the consolidated cases.

  2. Peter Shamshiri· Host0:08

    [upbeat music] Hey, everyone. This is Leon from Prologue Projects. On this week's episode of 5 to 4, Peter, Rhiannon, and Michael are talking about INS v. Chadha, a 1983 case that revolved around the potential deportation of a man from Kenya who had been in the United States on a student visa. The Immigration and Naturalization Service had decided not to deport Chadha, but the House of Representatives stepped in and used a legislative veto to overrule the executive branch. In a seven-two decision, the Supreme Court ruled in favor of Chadha, who was able to stay in the United States. But the court did not stop there. The majority also ruled that the legislative veto itself was unconstitutional, forever weakening the legislative branch and expanding the power of the executive branch. This is 5 to 4, a podcast about how much the Supreme Court sucks. Welcome to 5 to 4, where we dissect and analyze the Supreme Court cases that have drained our civil liberties, like Trump's payments to January Sixers are draining the treasury.

  3. Michael Liroff· Host1:17

    Mm.

  4. Peter Shamshiri· Host1:17

    I'm Peter. I'm here with Michael.

  5. Michael Liroff· Host1:19

    Hey, everybody.

  6. Peter Shamshiri· Host1:20

    And Rhiannon.

  7. Rhiannon Hamam· Host1:21

    Hi. Hello.

  8. Peter Shamshiri· Host1:22

    Oof. This is my favorite Trump move so far.

  9. Unknown speaker1:27

    [chuckles]

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