PODCAST · news
Necessary & Proper Podcast
by The Federalist Society
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 le
Episodes
-
Necessary & Proper Episode 99: Defining Antisemitism: A Debate on Free Speech and Civil Rights
Congress is currently debating the Antisemitism Awareness Act. This proposed legislation aims to provide a clear definition of antisemitism for use in enforcing existing civil rights laws. Supporters argue that the bill is a crucial tool for combating rising antisemitism by filling a gap in…
more -
Necessary & Proper Episode 100: Legislative or Executive? The Curious Case of the Library of Congress
The recent dismissal of the Librarian of Congress and the Register of Copyrights by President Trump raises fundamental questions about the scope of the President’s removal authority and the constitutional status of these offices. Do these officials exercise executive power such that they must...
-
Necessary & Proper Episode 98: Courthouse Steps Decision: Federal Communications Commission v. Consumers’ Research
The Federal Communications Commission (FCC) has traditionally regulated interstate and international communications and, as part of that, maintained a universal service fund that requires telecommunications carriers to contribute quarterly based on their revenues. In order to calculate these...
-
Necessary & Proper Episode 95: DOGE and the Future of the Federal Workforce
On January 20th, 2025, President Trump established the Department of Government Efficiency (DOGE) by executive order. DOGE and its head, Elon Musk, hope to reduce the size and inefficiencies of the administrative state and return the federal bureaucracy to being accountable to the President and,...
-
Necessary & Proper Episode 97: Checks and Balances: Deregulation Based on Supreme Court Rulings
Among the points emphasized by the second Trump administration has been a major push for deregulation. President Trump has directed that there must be ten deregulatory actions for every one regulatory one, and put forward Presidential Memoranda and Executive Orders to that end. As some have…
more -
Necessary & Proper Episode 96: The Art of Deregulation: Executive Orders and Limited Government
Since taking office on January 20, 2025, President Trump has emphasized deregulation. Deregulatory efforts have focused both on undoing Biden-era policies in areas of interest (environmental regulation, SOGI issues, immigration, etc.) and on a broader effort to limit the scope of administrative...
-
Necessary & Proper Episode 94: The End of Humphrey’s Executor?
Does the President control independent agencies? This panel will examine the Trump administration’s efforts to reassert presidential control over independent federal agencies, considering the constitutional, legal, and practical implications of such actions. Central to the discussion will be...
-
Necessary & Proper Episode 93: Executive Orders: Faithful Execution or Legislating from the Oval Office?
Presidents have used executive orders to direct the executive branch since the founding, but over the years the modern Presidency has drastically expanded its use of executive orders. Executive Orders have always been an important means of moving the Executive Branch into alignment with the...
-
Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those statutes were beyond the power of Congress to enact, some claimed it was the dawn of a new federalism revolution. However, such challenges to federal power…
more -
Necessary & Proper Episode 91: Antitrust and FTC Reform in the New Congress
In 2025, antitrust and consumer protection remain hot topics in the legal world as a new Congress and Administration begin. Join this FedSoc Forum as we discuss possible antitrust and Federal Trade Commission reforms in the 119th Congress. Featuring: Adam Cella, Chief Counsel for the…
more -
Necessary & Proper Episode 90: Nondelegation Doctrine Adds Another Good Year?
For many years, legal scholars have declared that the nondelegation doctrine is dead. Professor Cass Sunstein once quipped that the nondelegation doctrine had only “one good year” and more than 200 “bad ones.” But that has changed recently. In 2024, the en banc Fifth Circuit...
-
Necessary & Proper Episode 89: New Voices in Administrative Law II: The Supreme Court and Federal Court Jurisdiction
The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 years and the bevy of new statutory rights, privileges, obligations, constraints, and interbranch dynamics that came with it. Over the past three terms, the…
more -
Necessary & Proper Episode 88: Loper Bright & Relentless
Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevron Deference” has been a topic of great debate, with many calling for it to be overturned, while others argue it is a vital part of how Courts address the...
-
Necessary & Proper Episode 87: Current & Future Uses of the Impeachment Power
Congress’s impeachment power has been used dozens of times since the republic’s founding, mostly for relatively low- and mid-level executive and judicial officers involving clear instances of bribery or other felonies. Its attempted use to remove Supreme Court justices, presidents, and now…
more -
Necessary & Proper Episode 86: Why Congress
In his recent book Why Congress, Dr. Phillip Wallach covers the past, present, and future of the Legislative branch to help measure its modern level of dysfunction and offer suggestions for future restoration. The book traces how Congress was designed to operate, how it has met the challenges of...
-
Necessary & Proper Episode 85: Holding Congress Accountable to the Constitution
On March 28, 2023, Representatives Harriet Hageman and Chip Roy joined the Georgetown University Chapter of the Federalist Society for a discussion moderated by David Hoppe. Topics ranged from the representatives' careers prior to joining Congress to the proper role of Congress in the federal...
-
Can the Legislative Power Be Delegated?
On March 23, 2023, the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law and the Federalist Society's Arizona State University Student Chapter and Article I Initiative co-hosted a debate about whether the legislative power can be delegated. The…
more -
The Major Questions Doctrine, Chevron Deference & the Future of the Regulatory State
The University of Richmond chapter of the Federalist Society hosted this panel discussion on "The Major Questions Doctrine, Chevron Deference & the Future of the Regulatory State" on Tuesday, March 21, 2023. Featuring: - Prof. Joel B. Eisen, Professor of Law, University of Richmond School of Law…
more -
Necessary & Proper Episode 82: The D.C. Crime Bill: What Happens Next?
In November 2022, the District of Columbia City Council passed the Revised Criminal Code Act of 2022 (RCCA) that significantly reformed the D.C. Criminal Code to "modernize and overhaul" the District's criminal laws including a reduction in penalties for many violent offenses. D.C. Mayor Muriel...
-
Necessary & Proper Episode 81: Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions
On October 17, 2022, the Federalist Society's Regulatory Transparency Project and Capitol Hill Chapter hosted part III in a lecture series on the administrative state. This discussion covered the major questions doctrine and how Congress may respond to the Supreme Court's decision in West…
more -
Necessary & Proper Episode 80: Creatures of Statute II: Administrative Agencies and Policymaking
This second event of a co-sponsored series on the Administrative State focused on the role of the administrative state in policymaking. Through its various roles and capacities, the Administrative state can have great leeway to create policy that has similar effects to rules and laws created...
-
Necessary & Proper Episode 79: Address by Senator Michael S. Lee
On Friday, November 11, 2022, Senator Mike Lee of Utah addressed the Federalist Society's National Lawyers Convention. Featuring: - Hon. Michael S. Lee, United States Senate, Utah
-
Necessary & Proper Episode 78: Creatures of Statute: Administrative Agencies in Practice
This first luncheon in a series on how the administrative state functions in modern American government featured former "regulations czar" Paul J. Ray, who served as President Trump's Office of Information and Regulatory Affairs Administrator (OIRA). As OIRA Administrator, Ray oversaw the review…
more -
Necessary & Proper Episode 77: Who Decides if January 6 Was an Insurrection Prohibiting the Election Of Participants?
The Fourteenth Amendment prohibits anyone who has engaged in insurrection or rebellion against the United States after swearing an oath to support the Constitution from ever holding public office again. In light of this Disqualification Clause, some have called for participants in the riot that...
-
Necessary & Proper Episode 76: 2015 Address by Senator Orrin Hatch
Recently we were saddened to hear of the passing of Senator Orrin Hatch. In his honor, we hope you will enjoy revisiting remarks that Senator Hatch gave during the 2015 Federalist Society National Lawyers Convention. That year's Convention was focused on "The Role of Congress," and Senator Hatch...
-
Necessary & Proper Episode 75: An Introduction to the Court of Federal Claims
On March 24, 2022, Judge Stephen Schwartz joined the Federalist Society's Notre Dame Student Chapter to discuss the historical, theoretical, and practical reasons why law students should care about the Court of Federal Claims. Professor David P. Waddilove then provided a response and moderated an...
-
Necessary & Proper Episode 74: Can Congress Improve Budget Transparency and Process?
Some experts argue that the first and most important place for congressional reform is its power of the purse. With regular order a distant memory, annual budget proceedings failing to live up to the basic framework of the 1974 Budget Act, the ever-expanding role of the president in spending...
-
Necessary & Proper Episode 73: How to Fix the Budget Mess
The Evansville Lawyers Chapter hosted Dave Hoppe, President, Hoppe Strategies, for a discussion entitled "How to Fix the Budget Mess." Featuring: - David Hoppe, President, Hoppe Strategies - Introduction: Seth Zirkle, Evansville Lawyers Chapter President
-
Necessary & Proper Episode 72: Redistricting – Discussing the John R. Lewis Voting Rights Advancement Act
An expert panel discusses the impact that changes proposed in HR 4, the John R. Lewis Voting Rights Advancement Act of 2021, may have on drawing voting districts and litigating redistricting cases. Featuring: - Mark Braden, Of Counsel, BakerHostetler - Jeffrey M. Wice, Adjunct Professor of Law…
more -
Necessary & Proper Episode 71: The Two-Party System
On September 29, 2021, former United States Representative Bob Barr joined the Federalist Society's Southern California Student Chapter to discuss the two-party system. Featuring: - Bob Barr, President and CEO, Liberty Strategies LLC
-
Necessary & Proper Episode 70: Congressional Oversight and Investigations – New Developments and Outlook for the 117th Congress
With Democrats holding power in both houses of Congress and the White House, how will congressional oversight and investigations affect private industry and the Biden administration during the 117th Congress? What should we expect if Republicans take back one or both houses of Congress in the...
-
Necessary & Proper Episode 69: The U.S. Senate Filibuster – A Feature of or Impediment to Democracy?
Then-Senator Biden said in 2005 that "American citizens have benefited from the Senate's check on the excesses of the majority" with "minority protections" through the filibuster. Now, however, President Biden believes the filibuster is being abused and, potentially, impeding democracy. Is…
more -
Necessary & Proper Episode 68: H.R. 1, the For the People Act, Explained
The For the People Act was introduced in the House of Representatives in 2019 as H.R. 1, the symbolic designation marking it as the top priority of the new Democratic House majority. Described by its author, Representative John Sarbanes, as addressing "voter access, election integrity and…
more -
Necessary & Proper Episode 67: Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today
On May 17, as part of their annual Executive Branch Review Conference, the Federalist Society's Practice Groups hosted an expert panel on the non-delegation doctrine. Whether as the result of hyper-partisanship or as a residue of the constitutional design for lawmaking, government by executive...
-
Necessary & Proper Episode 66: Federalist Papers Book Club – The Senate
The Federalist Papers Book Club ran weekly on Tuesday evenings for 10 one-hour sessions beginning January 26th 2021. This session covers Federalist numbers 62, 63, 65, and 66, which discuss the United States Senate. The recommended edition of The Federalist is edited by Carey and McClellan,...
-
Necessary & Proper Episode 65: Federalist Papers Book Club – The House of Representatives
The Federalist Papers Book Club ran weekly on Tuesday evenings for 10 one-hour sessions beginning January 26th 2021. This session covers Federalist numbers 52, 55, 56, and 57, which discuss the House of Representatives. The recommended edition of The Federalist is edited by Carey and McClellan,...
-
Necessary & Proper Episode 64: Federalist Papers Book Club – The Separation of Powers
The Federalist Papers Book Club ran weekly on Tuesday evenings for 10 one-hour sessions beginning January 26th 2021. This session covers Federalist numbers 47, 48, and 51, which discuss the Constitution's separation of governmental powers. The recommended edition of The Federalist is edited by...
-
Necessary & Proper Episode 63: Kisor and Gundy – The Future of Administrative Law?
On February 15, 2021, Erin M. Hawley and Jennifer Nou joined the Federalist Society's Chicago Student Chapter for a discussion on the future of administrative law. Featuring: - Erin M. Hawley, Senior Legal Fellow, Independent Women's Law Center - Jennifer Nou, Professor of Law, University of...
-
Necessary & Proper Episode 62: Congressional Review Act: First Branch Gets the Last Word
After living in relative obscurity since its passage in 1996, the Congressional Review Act caught the nation's attention in 2017 when a Republican-led Congress and newly-elected President Trump used it to overturn 14 "midnight" regulations issued at the end of the Obama administration. Some...
-
Necessary & Proper Episode 61: Congress and the Administrative State
In this presentation co-sponsored by the Federalist Society's Article I Initiative and Columbia Student Chapter, Professor Christopher J. Walker discusses the proper the role of Congress in the modern administrative state. Featuring: - Christopher J. Walker, John W. Bricker Professor of Law;...
-
Necessary & Proper Episode 59: Supreme Court Nominations and the Perils of Court-Packing
On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers Chapter co-hosted a webinar on Supreme Court nominations and the perils of court-packing. Featuring: Dan McLaughlin, Senior Writer, National Review Online Introduction: Chad Pekron, Lead Counsel –...
-
Necessary & Proper Episode 59: Presidential Power: A Historical Perspective on Today
On November 2, 2020, the Federalist Society's Illinois Student Chapter hosted Logan Beirne for a discussion of the history of presidential power. Logan Beirne is a Clinical Lecturer in Law and a Faculty Fellow at the Information Society Project at Yale Law School. He is also the Chief Executive...
-
Necessary & Proper Episode 58: Debate: The True Extent of Presidential Power
On October 29, the Penn and Temple Student Chapters of the Federalist Society hosted former officemates and leading scholars of presidential power for a debate on the true extent of presidential power. In his new book, "Defender in Chief," John Yoo argues that Trump, despite his populism, is more...
-
Necessary & Proper Episode 57: Constitution Day Lecture: Inside the Mind of James Madison
To celebrate Constitution Day, the Rutgers Law School chapter of the Federalist Society hosted Dr. Colleen Sheehan, one of the nation's leading Madison scholars, to discuss the constitutional thought of James Madison and his role as the "Father of the Constitution." Dr. Sheehan is the Director of...
-
Necessary & Proper Episode 56: Highlights from Senator Tom Coburn (2015)
Recently we were saddened to learn of the passing of Senator Tom Coburn. In this episode we bring you some highlights from a panel he participated in at the Federalist Society’s 2015 National Lawyers Convention. The panel was titled, Agency Rule: How Congress Can Reclaim its Legislative…
more -
Necessary & Proper Episode 55: 2020 National Student Symposium Panel II: The Proper Role of the Senate
On March 14, 2020, the Federalist Society held its 39th National Student Symposium. The Symposium was originally scheduled to be held at the University of Michigan's Law School but was rescheduled as a digital conference. The second panel explored "The Proper Role of the Senate". Much has changed...
-
Necessary & Proper Episode 54: Presidential Impeachment: Historical Context and Current Controversies
Description: On January 16 Penn State Law's Federalist Society Chapter co-hosted an impeachment dicussion featuring Professors Heidi Kitrosser and Keith E. Whittington. Kitrosser is a Robins Kaplan Professor of Law at the University of Minnesota Law School and Whittington is a William Nelson...
-
Necessary & Proper Episode 53: Congressional Oversight with Jason Foster
Jason Foster of Good Government Now shares his experiences as counsel to four congressional committees in the U.S. House and Senate, where he directed fact-finding inquiries to inform their oversight and legislative functions.
-
Necessary & Proper Episode 52: Can Congress Enforce their Subpoenas?
Can Congress enforce subpoenas they issue? Dr. William Murphy, Founder and President of Good Government Now, joins the Article I Initiative podcast to discuss their proposed rule changes that would enhance Congressional oversight and investigative powers.
-
Necessary & Proper Episode 51: National Security and Executive Power
A discussion of National Security and Executive Power, recorded on October 10 at the Georgetown Law Center.
We're indexing this podcast's transcripts for the first time — this can take a minute or two. We'll show results as soon as they're ready.
No matches for "" in this podcast's transcripts.
No topics indexed yet for this podcast.
Loading reviews...
ABOUT THIS SHOW
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 le
HOSTED BY
The Federalist Society
Loading similar podcasts...
Frequently Asked Questions
How many episodes does Necessary & Proper Podcast have?
Necessary & Proper Podcast currently has 102 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Necessary & Proper Podcast about?
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...
How often does Necessary & Proper Podcast release new episodes?
Necessary & Proper Podcast publishes regularly with 102 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Necessary & Proper Podcast?
You can listen to Necessary & Proper Podcast on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Necessary & Proper Podcast?
Necessary & Proper Podcast is created and hosted by The Federalist Society.
URL copied to clipboard!