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The John Batchelor Show

HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the

The John Batchelor Show

John Batchelor

Books, Society & Culture, News, Arts

4.52.8K Ratings

🗓️ 9 October 2025

⏱️ 12 minutes

🧾️ Download transcript

Summary

HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the court is addressing presidential impoundment—the executive's authority to withhold appropriated funds. Earlier rulings, particularly 1975's Train v. City of New York, constrained this power. The Roberts Court appears sympathetic to reclaiming presidential authority lost during the Nixon era. The outcome of this ongoing litigation will determine the proper balance between executive and legislative branches.
1876 SCOTUS


Transcript

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0:00.0

This is CBSI on the world. I'm John Batchel. I welcome Josh Blackman, centennial chair of constitutional law at the South Texas College of Law, Houston.

0:14.2

He's also the senior editor of the Heritage Guide to the Constitution, a contributing editor to Civitas Outlook.

0:22.8

And in Civitas Outlook right now,

0:28.7

part of Civitas Institute, for you non-lawyers such as myself, there is a wonderful tour through about the last hundred years of Supreme Court's, as defined by the Chief Justice at the moment,

0:35.6

and the phases of passion at the court for and against separation

0:41.9

of powers.

0:42.7

I generalize because we're going to be very specific here.

0:46.1

This has to do with a recent decision made by the courts in which it appears that President

0:52.4

Trump was supported in his idea that he can spend

0:55.8

or not spend according to his policies.

0:59.5

That has been challenged.

1:01.3

And in the dissenting vote, it was the president's opinion of the Impoundment Control

1:07.0

Act of 74 prevailed, six to three.

1:11.7

However, the opinion written by Justice Kagan in dissent is significant to quote.

1:16.8

And I read from Josh's essay.

1:19.3

The ICA in Poundment Control Act of 74 was enacted after Congress waged war with President Nixon over impoundments. Justice Kagan goes out

1:31.0

to add, Congress won its confrontation with the president. The language is that of combat.

1:39.0

Professor, a very good evening to you. Thank you very much. It's wonderful to wage into combat when nobody's actually bleeding. But at this point, it has to do with something that's been in the conversation of you legal scholars for some time. That is the separation of power. And does the president control his own branch of government?

2:08.8

Much of this depends upon interpretation of the original documents and, of course, precedent ever since.

2:12.1

So let's begin with what you call the Lochner era.

2:13.1

What was that?

2:15.9

And how did it regard the powers of the presidency?

...

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