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5-4

Immigration and Naturalization Service v. Chadha

5-4

Prologue Projects

Government, News, News Commentary

4.53.7K Ratings

🗓️ 26 May 2026

⏱️ 45 minutes

🧾️ Download transcript

Summary

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. 

If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

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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Transcript

Click on a timestamp to play from that location

0:00.0

We'll hear arguments next in the Immigration and Naturalization Service against Chata on the consolidated cases.

0:11.3

Hey everyone. This is Leon from Prologue Projects. On this week's episode of 5 to 4, Peter, Riannon, and Michael are talking about INS v. Chata, a 1983 case that

0:23.9

revolved around the potential deportation of a man from Kenya who had been in the United States

0:28.3

on a student visa. The Immigration and Naturalization Service had decided not to deport Chata,

0:33.5

but the House of Representatives stepped in and used a legislative veto to overrule the executive branch.

0:38.8

In a 7-2 decision, the Supreme Court ruled in favor of Chata, who was able to stay in the United States.

0:45.2

But the court did not stop there. The majority also ruled that the legislative veto itself was unconstitutional,

0:51.7

forever weakening the legislative branch and expanding the power of the

0:55.0

executive branch.

0:56.2

This is 5 to 4, a podcast about how much the Supreme Court sucks.

1:07.6

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 6ers, are draining the Treasury.

1:17.5

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

1:19.7

Hey, everybody.

1:20.7

And Rihanna.

1:21.5

Hi, hello.

1:24.3

This is my favorite Trump move so far.

1:29.7

Seems like we say that every week.

1:31.6

Yeah.

1:32.3

The guy gets more and more creative.

1:34.7

Now, this one is the best because, as you probably know, Donald Trump sued the IRS and then settled.

1:42.2

And as part of the settlement, secured a slush fund that is going to be

1:47.2

paid out to January 6th, who are unfairly maligned by our justice system, right?

...

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