OA243: Build That Wall!!

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!


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

  1. Serious Inquiries Only Episode 175
  2. Schenck v. U.S., 249 U.S. 47 (1919)
  3. Gitlow v. New York, 268 U.S. 652 (1925)
  4. Anti-Deficiency Act 31 U.S.C. § 1341 et seq.
  5. Federal courts notice
  6. Futurama “pain monster” clip
  7. Military eminent domain:  10 U.S.C. § 2663
  8. 1973 report on delegated powers
  9. National Emergencies Act: 50 U.S.C. § 1621
  10. Search the federal register for “National Emergency”
  11. 10 U.S.C. § 2808
  12. 33 U.S.C. § 2293
  13. Ackerman op-ed
  14. -DC Circuit Court opinion in mystery foreign corporation case
  15. Manafort sentencing memo

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