69 episodes

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.

Necessary & Proper Podcast The Federalist Society

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    • 4.5 • 41 Ratings

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.

    Necessary & Proper Episode 67: Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today

    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 "diktat" is lately increasing. Many of these executive actions appear to have dubious — if any — statutory authority, but the courts have been reticent to validate objections along these lines. The U.S. Supreme Court has indicated a willingness to revisit and possibly to reinvigorate the non-delegation doctrine (with 5 Justices adhering to that view publicly), or at least to put some teeth into its supposedly constraining intelligibility principle. To do so, the Court first will have to grapple with whether Article I, Section 1 of the Constitution contains a non-delegation principle at all.

    Featuring:
    - Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School
    - Prof. Philip Hamburger, Maurice & Hilda Friedman Professor of Law, Columbia Law School
    - Prof. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School
    - Prof. Nicholas Parrillo, William K. Townsend Professor of Law, Yale Law School
    - Moderator: Hon. Neomi Rao, United States Court of Appeals, D.C. Circuit

    • 1 hr 31 min
    Necessary & Proper Episode 66: Federalist Papers Book Club – The Senate

    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, published by Liberty Fund. It comes in paper and online versions.
    The Federalist by Publius (AKA Madison, Hamilton, and Jay) contains 85 essays. The recommended reading pace was 9 to 10 essays per week. The sessions focus only on selected essays, however.

    Slides are available at https://fedsoc.org/federalist-papers-book-club.

    Featuring:
    - Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University

    • 1 hr 3 min
    Necessary & Proper Episode 65: Federalist Papers Book Club – The House of Representatives

    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, published by Liberty Fund. It comes in paper and online versions.

    The Federalist by Publius (AKA Madison, Hamilton, and Jay) contains 85 essays. The recommended reading pace was 9 to 10 essays per week. The sessions focus only on selected essays, however.

    Slides are available at https://fedsoc.org/federalist-papers-book-club.

    Featuring:
    - Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University

    • 1 hr 2 min
    Necessary & Proper Episode 64: Federalist Papers Book Club – The Separation of Powers

    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 Carey and McClellan, published by Liberty Fund. It comes in paper and online versions.

    The Federalist by Publius (AKA Madison, Hamilton, and Jay) contains 85 essays. The recommended reading pace was 9 to 10 essays per week. The sessions focus only on selected essays, however.

    Slides are available at https://fedsoc.org/federalist-papers-book-club.

    Featuring:
    - Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University

    • 1 hr 1 min
    Necessary & Proper Episode 63: Kisor and Gundy – The Future of Administrative Law?

    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 Chicago Law School
    - [Introduction] Hallie Saunders, Programming Director, The Federalist Society's Chicago Student Chapter

    • 45 min
    Necessary & Proper Episode 62: Congressional Review Act: First Branch Gets the Last Word

    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 prominent Democratic lawmakers opposed the CRA's framework as well as its individual uses in 2017. Will roles be reversed in 2021 regarding Trump administration "midnight" regulations? Can they be completely reversed?

    In this live podcast, experts review the overriding purposes of the CRA and do a deep dive into its technical elements, such as the law's expedited congressional procedures, the types of actions it covers, the number of votes needed to overturn an action, and the consequences of disapproval.

    Featuring:
    - Todd F. Gaziano, Chief of Legal Policy and Strategic Research & Director, Center for the Separation of Powers, Pacific Legal Foundation
    - [Moderator] Susan Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University

    • 54 min

Customer Reviews

4.5 out of 5
41 Ratings

41 Ratings

Drew1790 ,

Wonderfully Informative and Engaging

I've thouroughly enjoyed getting to learn more about the many dynamics of the government through this podcast. Nate, the host, does a great job as an interviewer and not only asks thought provoking questions, but keeps listeners' attention by helping topics to move along. I also appreciate the balanced approach of this podcast, and look forward to hearing more of them in the future.

snsimpson ,

High Quality, Informative, and Enterntaining

This is an exceptional podcast with impressive depth and insight. The listener is in good hands with Nathan Kaczmarek deftly leading them through timely subjects. Highly recommend it.

skeefer77 ,

Hooked on New Podcast

Amazing start to this timely and relevant topic. Both informative and entertaining Nate K and the Federalist Society keep churning out excellent material. I am hooked!

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