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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 31: Address by Sen. Mitch McConnell Nov 20, 2018

Show notes

On October 29, 2018, the Federalist Society's Kentucky lawyers chapters hosted the second annual Kentucky Chapters Conference. Sen. Mitch McConnell offered the keynote address on the role of judges, the Senate's power of advice and consent, and the process of Supreme Court confirmations.

Necessary & Proper Episode 30: The Legislative Branch and Trade Nov 07, 2018

Show notes

American trade policy has been the subject of much interest and media attention over the last two years. The Constitution grants the legislative branch full authority over trade policy, including the power to impose and collect taxes, duties, tariffs, and to regulate international commerce. By contrast, the Constitution gives the President authority to negotiate international agreements and it assigns him no specific power over international commerce and trade.
However, Congress has consistently delegated much of its power to regulate trade to the executive branch. From global trade initiatives to trade barriers and agreements, should Congress more fully assert its role? Listen to these topics by our expert panel, including Stephen Claeys (Wiley Rein), Daniel McCarthy (Modern Age), Brian Pomper (Akin Gump), and our moderator Molly Boyl Fromm (Financial Services Committee, U.S. House).

Necessary & Proper Episode 29: Is the Nondelegation Doctrine Really Dead? Oct 30, 2018

Show notes

On October 4, the Georgetown Chapter held an event titled "Is the Nondelegation Doctrine Really Dead?: A Post-argument Discussion of Gundy v. United States". This panel was moderated by Professor Evan Bernick (Georgetown) and the panelists were Todd Gaziano (Pacific Legal Foundation) and Amanda Shanor (American Civil Liberties Union). We hope you enjoy this podcast!

Necessary & Proper Episode 28: Perspectives on Marijuana Oct 19, 2018

Show notes

On today's episode, we bring you a discussion held at the Georgetown University Law School chapter on Federalism and Marijuana Policy. Moderated by Prof. Randy Barnett of Georgetown, Paul Larkin of the Heritage Foundation and Ilya Shapiro of the CATO Insitute debate this subject.

Necessary & Proper Episode 27: How Should the United States Senate be Elected? Oct 17, 2018

Show notes

The Constitution did not create a direct democracy; it established a constitutional republic. Its goal was to preserve individual liberty. To this end, the Framers provided that the power of various political actors would derive from different sources. One example from the Founders’ original design was the election of U.S. Senators by state legislators.
However in 1913 the Seventeenth Amendment replaced the original means for election of Senators with the current system of direct election by the people. What impact has this significant change made on federalism and the Legislative branch? Would reinstating the Framers’ design for the Senate elections be a worthwhile step toward restoring constitutional government?
On September 20, our distinguished panel weighed these important considerations and offered their views, composed of: Professor Garrett Epps, Professor Todd Zywicki, and Moderator Todd B. Tatelman.

Necessary & Proper Episode 26: Constitution Day Debate - The Commerce Clause Oct 09, 2018

Show notes

This episode features audio from a Constitution Day Debate held by our Augusta Lawyers Chapter on the Commerce Clause. Professors John Baker and Thomas Crocker discuss this subject and are moderated by Hon. J. Randal Hall. What are and should be the limits of congressional power under the Constitution? We hope you enjoy the exchange.

Necessary & Proper Episode 25: Levin-Style Congressional Oversight Oct 02, 2018

Show notes

Elise Bean of the Levin Center discusses her recent book, Financial Exposure: Carl Levin's Senate Investigations Into Finance and Tax Abuse, sharing how Congressional oversight investigations can be a powerful tool for uncovering facts, building bipartisan consensus, and fostering change. The conversation also highlights several interesting cases from her time as chief counsel of the Permanent Subcommittee on Investigations.

Necessary & Proper Episode 24: Address by Congressman Massie Sep 14, 2018

Show notes

On September 24, the Federalist Society Student Chapter at Northern Kentucky Law School hosted Congressman Thomas Massie for an address involving several Article I topics, including the committee process, the two-party system, the Department of Education, and the Liberty Caucus. We hope you enjoy his remarks!

Necessary & Proper Episode 23: Improving Regulation - Process vs. Substance Aug 29, 2018

Show notes

Recorded August 22, this podcast brings together two speakers well-versed in regulation and regulatory reform. Professor Thom Lambert is the Wall Chair in Corporate Law and Governance at the University of Missouri School of Law and the author of How to Regulate: A Guide for Policymakers. Ken Davis is a senior attorney and former Deputy Attorney General for Virginia. Mr. Davis wrote a review on Professor Lambert's book which prompted several months of debate on their differing approaches to reform and the fundamental assumptions that undergird the current regulatory system, culminating in this Teleforum. We hope you enjoy this lively exchange!

Necessary & Proper Episode 22: Balancing Interests in Congressional Oversight Jul 11, 2018

Show notes

Recorded in June, this podcast offers a balanced representation of the competing interests between the Executive and Legislative Branches in Congressional Oversight. Morton Rosenberg, retired Congressional Research Service Senior Legal Analyst and author of When Congress Comes Calling: A Study on the Principles, Practices, and Pragmatics of Legislative Inquiry, explains the history of and authority for Congressional demands for information from Executive Branch agencies. Washington attorney William Moschella, a former Congressional Staff Counsel who later became President George W. Bush’s Assistant Attorney General for the Office of Legislative Affairs - the office responsible for DOJ’s responses to Congressional inquiries - offers insight into the considerations accompanying such responses. Chair of the Federalist Society Administrative Law and Regulation Practice Group Eileen O'Connor moderates the discussion. We hope you enjoy it!

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