Season 5, Episode 7 (Show 215): Where Are The Lines?

February 12, 2025

With every day bringing new testing of constitutional boundaries, we begin to lay out the questions one must answer to find one’s bearing on the constitutional spectrum.

CLE Credit Available for this episode from podcast.njsba.com.

Funds are impounded.  Board members are summarily dismissed.  Funds appropriated by Congress are impounded. Inspectors General are removed without notice or cause.  And arguments are still being made to undermine birthright citizenship.  Are all these actions unconstitutional?  It turns out that it appears that many may well be, but others that may seem nearly identical may if fact be legal, if of questionable wisdom or propriety.  We explain where the constitutional lines are for many of these matters, or in some tricky cases we show how one goes about looking for those lines.  And while we are at it, we believe we have dug the last shovels worth in the grave of the attempt to distort, pervert, or reduce birthright citizenship.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

Humphrey’s Executor v. United States (1935)

The landmark case wherein the Supreme Court distinguishes those positions which can be terminated at will by the President from those which he cannot fire.

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United States v. Wong Kim Ark (1898)

Once again we return to this landmark case, this time in pursuit of the Court’s take on a different argument regarding birthright citizenship.

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The Impoundment Crisis of 2025 - Steven Vladek

Professor Vladeck writes on President Trump’s moves towards refusing to spend monies duly appropriated by Congress.  Several phrases caught Professor Amar’s attention.

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