S8 Ep201: Joseph Postell discusses the 1983 INS v. Chadha decision, which eliminated the legislative veto. He explains how this ruling stripped Congress of its ability to check the executive branch, transforming a once-dominant legislature into a weak institution u
The John Batchelor Show
John Batchelor
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🗓️ 17 December 2025
⏱️ 10 minutes
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1876 SCOTUS
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| 0:00.0 | This is CBS, I on the World. |
| 0:08.0 | I'm John Batchel. |
| 0:09.0 | I welcome Joseph Postal, writing most recently a Civitas Outlook for Civitas Institute. |
| 0:14.5 | He's at the Hillsdale College about a case in the Supreme Court more than 40 years ago that let's say it doesn't need correction |
| 0:22.0 | and needs a more perfect union. |
| 0:24.8 | Joseph, a very good evening to you. |
| 0:26.5 | Thank you, Professor. |
| 0:27.5 | Jagdish Rai Chada was a man in the 20th century who faced deportation. |
| 0:35.8 | According to an immigration judge, however, |
| 0:38.9 | he suspended his deportation subject to, at that time, |
| 0:44.0 | the question of Congress or a congressional veto or endorsement of the immigration order, |
| 0:52.3 | the order for him to leave the country. That turned into a Supreme |
| 0:57.9 | Court case named as Chata. I hope I said all this correctly. What was then debatable about |
| 1:05.3 | the power of the Immigration and Nationality Act that a judge could intervene and suspend the deportation, |
| 1:12.1 | then it goes to Congress and then it goes to the Supreme Court. What was the controversy? Good |
| 1:16.2 | evening to you. Good evening, John. Thanks for the opportunity to talk with you today. So the |
| 1:21.9 | controversy here that gave rise to this case called INS versus Chata, decided in 1983, had to do with what we call the legislative veto. |
| 1:31.5 | And the legislative veto's provision that is, at the time that the case was decided, was in hundreds of statutes that Congress passed. |
| 1:40.0 | And Congress would essentially in these statutes say, we're going to give power over to the executive branch or to an administrative agency. |
| 1:48.3 | And in this case, it was the immigration officials working in under the attorney general. |
| 1:52.9 | And in this case involving Chata, what the Congress said was we will let the immigration judge suspend the deportation of an illegal alien. |
| 2:02.7 | But we want the power to veto that decision. |
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