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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 41: An Address by Congressman Andy Barr May 03, 2019

Show notes

On April 15th, 2019, the Federalist Society’s Article I Initiative and the University of Kentucky Student Chapter hosted Congressman Andy Barr who addressed the audience on the legality of the Executive Branch's designation of a national emergency on the nation's southern border.
Featuring:
Hon. Andy Barr, Congressman, Kentucky's 6th District
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Necessary & Proper Episode 40: Legislative Branch Review Keynote Speech by Senator Lindsey Graham Apr 09, 2019

Show notes

On February 6, 2019, the Federalist Society's Article I Initiative and the Georgetown Student Chapter co-sponsored the first Legislative Branch Review Conference. Senator Lindsey Graham offered the keynote address.
Featuring:
Hon. Lindsey Graham, Senator, South Carolina
Introduction: Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Necessary & Proper Episode 39: Bipartisanship and High Profile Congressional Oversight Apr 03, 2019

Show notes

Welcome again to Necessary & Proper. Today we bring you the great discussion we had from the closing panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel reflected on the history of bipartisan Congressional investigations and shared their expectations for how civil, united, and fact-based they expect the oversight of the 116th Congress will be. We hope you find this podcast interesting and enjoyable.
Featuring:
Ms. Elise Bean, Washington Co-Director, Levin Center at Wayne Law
Mr. Stanley M. Brand, Senior Counsel, Akin Gump
Ms. Machalagh Carr, General Counsel & Parliamentarian (R), Committee on Ways and Means, U. S. House of Representatives
Mr. Jon Skladany, Chief Counsel for Oversight (R), Committee on Financial Services, U.S. House of Representatives
Moderator: Mr. Justin Rood, Director of the Congressional Oversight Initiative, The Project On Government Oversight
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project

Necessary & Proper Episode 38: A World Without Chevron? Mar 28, 2019

Show notes

Welcome again to Necessary & Proper. Today we bring you the great discussion we had from the afternoon panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel speculated on what a world without Chevron deference doctrine could look like, and if it would be desirable. We hope you find this podcast interesting and enjoyable.
Featuring:
Mr. Mark Chenoweth, Executive Director and General Counsel, New Civil Liberties Alliance
Mr. David D. Doniger, Director, Climate & Clean Air Program, Natural Resources Defense Council
Prof. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
Prof. David S. Schoenbrod, Trustee Professor of Law, New York Law School
Moderator: Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School
Introduction: Joel Nolette, Litigation Associate, Mintz Levin

Necessary & Proper Episode 37: Can the Other Branches Help Restore Congress? Mar 22, 2019

Show notes

In this episode we bring you the great discussion we had from the opening panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel asked, "Can the Other Branches Help Restore Congress?", exploring how and if executive and judicial efforts could stoke the legislative ambition Madison expected. We hope you find it interesting and enjoyable.
Featuring:
David Hoppe, President, Hoppe Strategies
Prof. Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Dr. Philip Wallach, Senior Fellow, Governance, R Street
Hon. Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, AEI
Moderator: Thomas G. Hungar, Partner, Gibson Dunn
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project

Necessary & Proper Episode 36: A Conversation with James L. Buckley Mar 13, 2019

Show notes

The Hon. James L. Buckley and Robert Gasaway recently joined us to discuss the current state of the legislative branch and reflect on a host of Article I and federal government reform proposals ranging from term limits to eliminating grants-in-aid to state and local governments. We hope you enjoy the conversation!

Necessary & Proper Episode 35: Reception with Former Representative Sue Myrick Feb 15, 2019

Show notes

On this episode, we bring you an event from last December with our Charleston, South Carolina Lawyers Chapter. Their guest was former Congresswoman Sue Myrick and her wide-ranging remarks covered various congressional reform efforts, from former members and other groups, discussion of the current political environment, and much more.
Featuring:
Former Rep. Sue Myrick, U.S. Representative for North Carolina's 9th Congressional District

Necessary & Proper Episode 34: The New Congress and Congressional Oversight Jan 23, 2019

Show notes

On December 11, 2018, the Federalist Society's Capitol Hill Chapter and Article I Initiative cosponsored a panel on "The New Congress and Congressional Oversight." As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers. Featuring:
Introduction: Nathan Kaczmarek, The Federalist Society's Article I Initiative
Steve Castor, US House of Representatives Committee on Oversight and Government Reform
Prof. John C. Yoo, University of California at Berkeley School of Law
Moderator: Amanda Neely, US Senate Permanent Subcommittee on Investigations

Necessary & Proper Episode 33: Discussion with Senator Jon Kyl Jan 08, 2019

Show notes

On December 10, 2018, Senator Jon Kyl (AZ) spoke at an event co-sponsored by the Article I Initiative and the DC Young Lawyers Chapter of the Federalist Society. Senator Kyl reflected on his time in the Senate and the role of Congress. We hope you enjoy his remarks
Featuring:
Senator Jon Kyl, United States Senator, Arizona
Moderator: Lisa Ezell, Vice President & Director of Lawyers Chapters, The Federalist Society
Introduction: Leonard A. Leo, Executive Vice President, The Federalist Society

Necessary & Proper Episode 32: Fixing the American Immigration System Dec 13, 2018

Show notes

On October 17, the Student Chapter at the University of Virginina School of Law hosted a debate on immigration covering child separation policy, DACA, the proposed border wall, and Article I powers. This discussion featured the views of David Bier of the CATO Institute and Hans von Spakovsky of the Heritage Foundation. We hope you enjoy it.

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