OA243: Build That Wall!!
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 11 January 2019
⏱️ 80 minutes
🧾️ Download transcript
Summary
Today's episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition.
We begin with an Andrew Was Wrong about the identity of Corey Robin and the incorporation doctrine. Enjoy a fun segue to Gitlow v. New York and why you should never repeat the trope that free speech doesn’t include the right to shout ‘fire’ in a crowded theater.
After that, it’s a deep dive into… what exactly is a “government shutdown,” anyway? What laws govern this? Why do some federal employees have to keep showing up? Isn’t that “involuntary servitude?” And can Trump declare a state of emergency or use “military eminent domain” to just build the wall anyway?
Then, it’s time for our weekly trip back to Yodel Mountain. In Rod We Trust… so why is he stepping down? And what’s the deal with that secret foreign-owned corporation that shut down an entire floor right before the holidays? Listen and find out!
Finally, it's time for Thomas Takes The Bar Exam #109, another dreaded real property question! As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Appearances
None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
- Serious Inquiries Only Episode 175
- Schenck v. U.S., 249 U.S. 47 (1919)
- Gitlow v. New York, 268 U.S. 652 (1925)
- Anti-Deficiency Act 31 U.S.C. § 1341 et seq.
- Federal courts notice
- Futurama “pain monster” clip
- Military eminent domain: 10 U.S.C. § 2663
- 1973 report on delegated powers
- National Emergencies Act: 50 U.S.C. § 1621
- Search the federal register for “National Emergency”
- 10 U.S.C. § 2808
- 33 U.S.C. § 2293
- Ackerman op-ed
- -DC Circuit Court opinion in mystery foreign corporation case
- Manafort sentencing memo
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Transcript
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| 0:00.0 | The first refugee ever elected to Congress. |
| 0:07.0 | The machinery of democracy should work for everyone everywhere, not just in certain places |
| 0:25.5 | and not just on a certain day. |
| 0:30.5 | Power sees nothing without a demand. |
| 0:32.5 | It never has and it never will. |
| 0:34.5 | We still have to be willing to show up every single day and demand our seed at the table. |
| 0:42.5 | So f**king proud of you guys! |
| 0:48.5 | Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer. |
| 0:59.5 | This podcast is sponsored by the Law Offices of P.A. |
| 1:02.5 | Antitourers LLC for Entertainment purposes is not intended as legal advice and does not form an attorney-client relationship. |
| 1:08.5 | Don't take legal advice from a podcast. |
| 1:17.5 | Hello and welcome to Opening Arguments. This is episode 243. |
| 1:21.5 | I'm your host Thomas Smith. That over there is your lawyerly host, the Belton Suspenders lawyer, Andrew Torres, Esquire. How are you doing, sir? |
| 1:30.5 | Hey Thomas, I am fantastic. How are you? I think our listeners deserve to know that you have arisen at literally the crack of dawn earlier than you have ever woken up before in order to record this episode. |
| 1:46.5 | I appreciate it and I just want that to be known to our tens of thousands of listeners. |
| 1:52.5 | I am okay. I'm still recovering from whatever brain hacking happened the last episode when I couldn't read the word Robin. |
| 2:00.5 | I justifiably got some jokes at my expense for that and you know what? I deserved it. That was fine. |
| 2:08.5 | I could have had our editor Brian go back, fix everything, re-record something, but you know what? |
| 2:16.5 | I said did a stupid thing and you know deserve a little jokes of my expense. |
| 2:22.5 | So that was weird. I think that it's like a some sort of weird Rick and Morty situation where there's like a time traveling somebody hacked into my brain and did something and so I said something weird and I'll never know. |
| 2:34.5 | I did a stupid thing on that too, but we'll get to that. |
| 2:39.5 | All right. Well, I'm trying throwing myself as a human shield to try to distract from whatever you did. |
... |
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