S8 Ep201: Joseph Postell suggests correcting the Chadha precedent by adopting a view of severability where delegations of power are unconstitutional without the accompanying legislative veto. He notes that the War Powers Resolution remains a rare exception where Co
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 17 December 2025
⏱️ 10 minutes
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Summary
- Joseph Postell suggests correcting the Chadha precedent by adopting a view of severability where delegations of power are unconstitutional without the accompanying legislative veto. He notes that the War Powers Resolutionremains a rare exception where Congress still retains a mechanism to reverse executive actions via simple majority.
- 1937 SCOTUS
Transcript
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| 0:00.0 | I'm John Batchewitt, Professor Joseph Postel, writing at Civitas Outlook about a decision |
| 0:10.6 | I had never read about before. |
| 0:12.1 | But then again, I didn't enjoy the education of a law student or a professor reading today, |
| 0:18.3 | Joseph. |
| 0:18.5 | So forgive me for being completely amazed by this decision that |
| 0:23.1 | Congress would let it go forward. Now, you have corrective suggestions. You tell me that the |
| 0:29.2 | majority opinion endorsing Chata, that is, to reject the ability of Congress to veto anything, |
| 0:35.6 | unless both houses of Congress, bicameralism, and unless presentment, which means the ability of Congress to veto anything, unless both houses of Congress, by cameraism, |
| 0:38.9 | and unless presentment, which means the signature of the president, that's the only time |
| 0:42.9 | Congress can get in the way. |
| 0:44.7 | That is both a misinterpretation and there's an opening. |
| 0:48.6 | To reverse Chata, is that the ambition here, reverse Chata. |
| 0:51.6 | So let's begin with what's wrong with Chata? |
| 0:54.4 | What did the court in the 1980s misunderstand? |
| 0:59.3 | The court in the Chata case engaged in what I call selective formalism. |
| 1:05.3 | That is, it was right about a matter of original meaning of the Constitution. |
| 1:11.9 | And the thing that it got right was anytime Congress wants to pass a law, it has to go through |
| 1:17.4 | Article 1, Section 7, which means both houses of Congress have to pass the law, and the |
| 1:22.2 | president has to sign it. |
| 1:23.7 | And that's something we all learn in sort of our, you know, elementary and high school civics |
| 1:28.2 | classes that Congress can't make law unless both houses pass the bill and the president |
| 1:32.4 | signs it. The court was right about that. What the court was wrong about was the question of |
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