Necessary & Proper Podcast - TopPodcast.com

View Top 200 Chart

Back to Rankings Page

Necessary & Proper Podcast — Business
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 50: Laboratories of Democracy, Part 2: Can Congress learn from State Legislatures? Nov 01, 2019

Show notes

The concept of states serving as important test cases for national governance dates to the founding of the country. In part 2 of our series, this panel will discuss how lessons from how different state legislatures operate today could be incorporated to increase the effectiveness of our federal legislature. The panel begins with a presentation on a study from the Center for Legislative Strengthening at the National Conference of State Legislatures which examines the structures and procedures that have allowed some state legislatures to avoid partisan gridlock.
Featuring:
Hon. Robert Hurt, Vice President and Director, Center for Law and Government at Liberty University; Former Congressman, Virginia's 5th District
Karl Kurtz, Principal, Legis Matters; Coauthor, Republic on Trial: The Case for Representative Democracy
Introduction: William Hild, III, Deputy Director, Article I Initiative and Deputy Director, Regulatory Transparency Project, The Federalist Society
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Necessary & Proper Episode 50: Laboratories of Democracy, Part 2: Can Congress learn from State Legislatures? Nov 01, 2019

Show notes

The concept of states serving as important test cases for national governance dates to the founding of the country. In part 2 of our series, this panel will discuss how lessons from how different state legislatures operate today could be incorporated to increase the effectiveness of our federal legislature. The panel begins with a presentation on a study from the Center for Legislative Strengthening at the National Conference of State Legislatures which examines the structures and procedures that have allowed some state legislatures to avoid partisan gridlock.
Featuring:
Hon. Robert Hurt, Vice President and Director, Center for Law and Government at Liberty University; Former Congressman, Virginia's 5th District
Karl Kurtz, Principal, Legis Matters; Coauthor, Republic on Trial: The Case for Representative Democracy
Introduction: William Hild, III, Deputy Director, Article I Initiative and Deputy Director, Regulatory Transparency Project, The Federalist Society
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Necessary & Proper Episode 49: What is an Impeachable Offense? Oct 22, 2019

Show notes

This episode was hosted and recorded on October 15, 2019 by the Temple University Beasley School of Law Student Chapter.

Necessary & Proper Episode 48: The Electoral College Oct 10, 2019

Show notes

Recorded at University of St. Thomas School of Law on September 19, this event focused on the benefits and drawbacks of the electoral college.

Necessary & Proper Episode 47: Laboratories of Democracy - Part I: Early State Constitutions and Their Influence on the Legislative Branch Aug 23, 2019

Show notes

On July 19, 2019, the Federalist Society's Article I Initiative cosponsored a two-part panel with the Constitutional Sources Project at the Rayburn House Office Building in Washington, DC. The topic of the first panel was early state constitutions and their influence on the legislative branch.
The concept of states serving as important test cases for national governance dates back to the founding of the country. This panel will discuss how lessons from the state constitutions and legislatures prior to and during the American founding were incorporated into our federal government, and in particular, the powers enumerated to Congress and the structure of the branch itself. The event is the first in a two-part series of Capitol Hill luncheons focusing on the important role the states have played in the past and how they may still serve to offer solutions to the modern Congress. This event is co-sponsored by the Constitutional Sources Project.
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Featuring:
Lynn Uzzell, Lecturer, University of Virginia, University of Richmond
John Dinan, Professor of Politics, Wake Forest University
Mark Graber, Regents Professor, University System of Maryland
Moderator: Julie Silverbrook, Executive Director, The Constitutional Sources Project
Introduction: Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency Project, The Federalist Society

Necessary & Proper Episode 46: Subdelegations of Rulemaking Power and the Appointments Clause Aug 01, 2019

Show notes

The strictures of the Appointments Clause are receiving renewed attention in the courts, including the Supreme Court. A year ago, the High Court ruled that the SEC’s administrative law judges must be appointed in conformity with this clause, and it has placed another Appointments Clause case on the docket for its next term. In Buckley v. Valeo (1976), the Court held that rulemaking was a significant government power such that rulemakers must be appointed in conformity with the Clause, but it had no reason to address whether rules must be issued by principal officers or could also be issued by inferior officers.
On behalf of nine vaping retailers, Pacific Legal Foundation is challenging the FDA’s "Deeming Rule" issued by a career employee, Leslie Kux. A new research study of HHS rules over a 17-year period, also by PLF, found that nearly two-thirds of HHS regulations were issued by non-Senate-confirmed staff. Within FDA, 98% of its rules (1,860 of them) were issued by civil service employees in career positions like that held by Ms. Kux. In the pending litigation, FDA argues that Ms. Kux was also an inferior officer when she issued rules, and that inferior officers may lawfully issue such binding rules, even if no supervisor may subsequently change them without a new rulemaking process.
The speakers examine a variety of topics related to the subdelegation of rulemaking power, including the creation of offices by department heads and who within those offices can lawfully exercise rulemaking power.
Featuring:
Todd F. Gaziano, Chief of Legal Policy and Strategic Research and Director, Center for the Separation of Powers, Pacific Legal Foundation
Prof. Anne Joseph O'Connell, Adelbert H. Sweet Professor of Law, Stanford Law School
[Moderator] Prof. Kristin E. Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
Visit our website – articleiinitiative.org – to learn more, view all of our content, and connect with us on social media.

Necessary & Proper Episode 45: Agency Rule-making: Unnecessary Delegation or Indispensable Assistance? Jul 18, 2019

Show notes

On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted a panel on "Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?" at the National Press Club in Washington, DC.
In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” published in the Texas A&M Law Review, Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. Those ostensibly elected to oppose further regulation can argue that any proposed rule changes are out of their control. Conversely, representatives elected to increase regulation can blame agency heads for not following the intent of the authorizing statute. However, both sides avoid blame by the electorate.
What are the advantages and disadvantages of such a system? Should specialized bureaucrats do the lion’s share of rulemaking? Or should elected Senators and Congressman, often without the same level of expertise, write the rules that govern our nation?
Featuring:
Andrew Grossman, Partner, Baker & Hostetler LLP and Adjunct Scholar, The Cato Institute
Prof. Donald Kochan, Professor in Law and the Associate Dean for Research & Faculty Development, Chapman University Dale E. Fowler School of Law
Prof. Robert Percival, Professor of Law and Director, Environmental Law Program, University of Maryland School of Law
Brianne Gorod, Chief Counsel, Constitutional Accountability Center
Moderator: Jeff Holmstead, Partner, Bracewell LLP

Necessary & Proper Episode 44: All the President's Budgets: Who should be setting federal budget priorities? Jun 25, 2019

Show notes

On May 30, 2019, the Federalist Society's Article I Initiative hosted a panel at the Dirksen Senate Office Building in Washington, DC. The panel discussed "All the President's Budgets: Who should be setting federal budget priorities?"
The power of the purse is often cited as central to the framers' design for the legislative branch. Each year, however, the modern Congress waits for the executive branch to complete and deliver its annual budget before beginning its own formal budgeting process. Why has this sequence developed? What are the costs and benefits for the executive to prepare extensive budget priorities that, in recent years, are largely ignored once announced?
*******
As always, the Article I Initiative takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Featuring:
Molly Reynolds, Senior Fellow of Governance Studies, The Brookings Institution
Steve Redburn, Professorial Lecturer in Public Policy and Public Administration, George Washington University
Moderator: Anne DeCesaro, Republican Staff Director, Worker and Family Support Subcommittee, Committee on Ways and Means, US House of Representatives
Introduction: Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency Project, The Federalist Society for Law and Public Policy Studies

Necessary & Proper Episode 43: John Yoo and John Malcolm on Executive Privilege and Congressional Oversight May 20, 2019

Show notes

What is the proper balance between Congressional oversight and Executive privilege? As it becomes clear that Congress is not satisfied with the Mueller Report on its face, and it will seek to conduct follow-up inquiries on its own, it has requested an unredacted copy of the Mueller Report, and its supporting documentation, and several witnesses who were interviewed during the investigation, including the former White House Counsel. Historically, Congress and the Executive have resolved their differences on disclosure requirements and moved forward, without significant resort to the Judiciary. What will and should be the role of the courts in any upcoming litigation? Could a final court ruling enhance rather than limit the power of the Executive? These and other questions will be discussed by our experts.

Necessary & Proper Episode 42: An Address by Congressman John Rutherford May 14, 2019

Show notes

On May 6th the Article I Initiative partnered with the Jacksonville Lawyers Chapter to host Congressman John Rutherford of Florida’s 4th Congressional District to share his thoughts and reflections on the current state of the Legislative Branch, whether Congress is living up to the Founder’s original vision, and how his chamber can overcome the current partisan climate to better serve their constituents.

Related Podcasts