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Necessary & Proper Podcast

Necessary & Proper is the official podcast of the Federalist Society’s Article I Initiative. The Framers of the Constitution intended the legislature to be the most powerful branch of government. In its present state, as the government operates on a day to day basis, it is not. Were the Founders simply wrong about the inherent powers of the legislative branch? Has the institution of Congress developed practices that are not compatible with the text of the Constitution? Why are current Congressional leaders unable or unwilling to act as an effective check on the presidency? Why is Congress unable to pass a budget? Why has Congress ceded much of its authority to the executive branch and to administrative agencies? What does it mean to serve productively as a member of the House or Senate? These and other important questions are the focus of the Article I Initiative. Periodic releases from Necessary & Proper will feature experts who can shed light on what the Framers envisioned for the legislative branch and how it can be restored to its proper place in the constitutional order.

Latest Episodes:

Necessary & Proper Episode 11: Restoring Article I Series - House Reform Panel Apr 24, 2018

Show notes

This is the first episode in a six part series featuring live discussions from our Restoring Article I conference on March 22, 2018. This panel featured insights from former Congressman and current Club for Growth President David McIntosh, former Congressman Tom Davis, and Congressman Barry Loudermilk.

Necessary & Proper Episode 10: Scalia Speaks on Congressional Power Mar 20, 2018

Show notes

Christopher Scalia discusses the book he recently edited with Ed Whelan, Scalia Speaks, which is a collection of Justice Antonin Scalia's speeches. A speech the Justice delivered to Congress in 2011 is the focus of the conversation.

Necessary & Proper Episode 9: Best of 2017 Series - Congressional Oversight Feb 06, 2018

Show notes

This is the final episode in our series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. The recording is of our December 15 panel featuring discussion with Michael Bopp, Machalagh Carr, Hon. Neil Eggleston, and our Moderator, Amanda Neely.

Necessary & Proper Episode 8: Best of 2017 Series - Gerrymandering Jan 30, 2018

Show notes

This is the second episode of from our three part series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. This recording is from November 22 and features a panel discussion with former Congressman Chris Shays and Weekly Standard Senior Writer Jay Cost.

Necessary & Proper Episode 7: Best of 2017 Series - Funding the Government Jan 18, 2018

Show notes

This is the first in a three part series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. This recording is from September 22 and features a panel discussion with David Hoppe and Prof. Frances Lee on the Congressional budget process.

Necessary & Proper Episode 6: Congress Can Fix the “Regulatory Mess” It Created Nov 21, 2017

Show notes

The Article I Initiative partnered with the Administrative Law & Regulation Practice Group and the Regulatory Transparency Project for a discussion with David Schoenbrod, New York Law School Professor and author of DC Confidential: Inside the Five Tricks of Washington. Hon. Susan Dudley, Director of the George Washington University Regulatory Studies Center, moderated the conversation, engaging Professor Schoenbrod's argument that Congress created a "regulatory mess" by commanding agencies to impose duties needed to protect the public. He contends that in doing so, legislators got credit for protecting voters but shifted to the agencies blame for the burdens of protection.
Professor Schoenbrod also alleges that these same legislators later lobbied not to impose these unpopular burdens while simultaneously blaming the agencies for failing to deliver the statutorily-required protection. In recent years some members of Congress have sought on several occasions to address these problems with various bills including the "Regulations from the Executive in Need of Scrutiny" or REINS Act. Professor Schoenbrod rejects the idea that the problem originated in the agencies and offers his own alternative solutions.

Necessary & Proper Episode 5: A Chief's Perspective Oct 26, 2017

Show notes

Chris Connelly, hill veteran and current Chief of Staff for Congresswoman Vicky Hartzler, (MO-4), joined us to offer his thoughts on the role of a Chief of Staff in the U.S. House of Representatives, how Congress has changed in the last 20 years, and suggested reforms.

Addressing the Administrative State Sep 12, 2017

Show notes

Adam J. White, Research Fellow at the Hoover Institution, and Director of the Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, offered his analysis of the administrative state and discussed possible legislative solutions.

Congress and the Dilemma of Fiscal Restraint Jul 25, 2017

Show notes

Christopher DeMuth, Distinguished Fellow at the Hudson Institute, discusses the current state of the 115th Congress and outlines many of its historical challenges. He also analyzes what he calls Congress' "dilemma of fiscal restraint."

The Congressional Research Service and Congress Jul 11, 2017

Show notes

Former Congressional Research Service (CRS) analyst Kevin Kosar offers his inside perspective on how Congress has changed over the last couple decades and how CRS and the Congress could be more effective.

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