https://www.spreaker.com/show/necessary-proper-podcast_1enPoliticsCopyright The Federalist Societyhttps://d3wo5wojvuv7l.cloudfront.net/t_rss_itunes_square_1400/images.spreaker.com/original/4d515b2bace32d09e945cca1048e1f65.jpghttps://www.spreaker.com/show/necessary-proper-podcast_1Mon, 05 Dec 2022 22:37:54 +0000The Federalist SocietyThe Federalist Societyarticlei@fedsoc.orgNecessary & 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...cleanepisodichttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-81-creatures-of
Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme Court, and the 5th Circuit's decision in Jarkesy v. SEC, arguably throws into question the status quo under which administrative agencies have heretofore operated.

This final event in the co-sponsored luncheon series on the administrative state investigated the impact such cases may have on Congress in terms of lawmaking delegation, and forecasted what Congress can expect if SCOTUS continues to enforce the nondelegation doctrine while moving away from former deference doctrines.

Featuring:
- Sarah Binder, Senior Fellow, Governance Studies, Brookings Institution
- Daniel Flores, Senior Counsel, Committee on Oversight and Reform, House of Representatives
- Moderator: Hon. Trevor McFadden, Judge, United States District Court, District of Columbia]]>https://api.spreaker.com/episode/52103998Mon, 05 Dec 2022 22:30:25 +0000The Federalist SocietyOn 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...
Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme Court, and the 5th Circuit's decision in Jarkesy v. SEC, arguably throws into question the status quo under which administrative agencies have heretofore operated.

This final event in the co-sponsored luncheon series on the administrative state investigated the impact such cases may have on Congress in terms of lawmaking delegation, and forecasted what Congress can expect if SCOTUS continues to enforce the nondelegation doctrine while moving away from former deference doctrines.

Featuring:
- Sarah Binder, Senior Fellow, Governance Studies, Brookings Institution
- Daniel Flores, Senior Counsel, Committee on Oversight and Reform, House of Representatives
- Moderator: Hon. Trevor McFadden, Judge, United States District Court, District of Columbia]]>3572administrative law & regulatio,article i initiative,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-80-creatures-of
Some argue that this policy-making by non-elected individuals serving in the administrative state is improper and usurps elected officials' authority. Others contend this is a valuable and necessary part of the Administrative State's ability to operate as authorized, and that the policy-making capacity of the Administrative State is a net benefit.

Panelists David Fotouhi, a current partner at Gibson, Dunn & Crutcher LLP who spent four years serving with the EPA, and Richard Peirce, a professor of Law at George Washington University who focuses on the Administrative State, discussed the policy-making power of the Administrative State, and the practical ways in which that power can often be applied. Judge Lisa Branch moderated.

Featuring:
- David Fotouhi, Partner, Gibson, Dunn & Crutcher LLP
- Richard Pierce, Lyle T. Alverson Professor of Law, George Washington University Law School
- Moderator: Hon. Lisa Branch, Judge, United States Court of Appeals, Eleventh Circuit]]>https://api.spreaker.com/episode/52103957Mon, 05 Dec 2022 22:28:27 +0000The Federalist SocietyThis 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...
Some argue that this policy-making by non-elected individuals serving in the administrative state is improper and usurps elected officials' authority. Others contend this is a valuable and necessary part of the Administrative State's ability to operate as authorized, and that the policy-making capacity of the Administrative State is a net benefit.

Panelists David Fotouhi, a current partner at Gibson, Dunn & Crutcher LLP who spent four years serving with the EPA, and Richard Peirce, a professor of Law at George Washington University who focuses on the Administrative State, discussed the policy-making power of the Administrative State, and the practical ways in which that power can often be applied. Judge Lisa Branch moderated.

Featuring:
- David Fotouhi, Partner, Gibson, Dunn & Crutcher LLP
- Richard Pierce, Lyle T. Alverson Professor of Law, George Washington University Law School
- Moderator: Hon. Lisa Branch, Judge, United States Court of Appeals, Eleventh Circuit]]>3440administrative law & regulatio,article i initiative,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-79-address-by-s
Featuring:
- Hon. Michael S. Lee, United States Senate, Utah]]>https://api.spreaker.com/episode/51969716Mon, 21 Nov 2022 18:58:26 +0000The Federalist SocietyOn 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
Featuring:
- Hon. Michael S. Lee, United States Senate, Utah]]>2326article i initiative,federalist societycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-78-creatures-ofThe luncheon also featured Boris Bershteyn, a partner at Skadden, Arps, Slate, Meagher, and Flom, LLP. Mr. Bershteyn served as acting Administrator of ORIA in 2012 and 2013. He was also General Counsel of the Office of Management and Budget starting in 2011.

Moderating this event was Hon. Stephen Alexander Vaden from the United States Court of International Trade. Before joining the bench, Judge Vaden served as General Counsel of the United States Department of Agriculture. During his nearly four-year tenure as head of the Office of General Counsel, the Department won two cases before the United States Supreme Court, relocated and reorganized the agencies that comprise the Department to better serve rural America, engaged in substantial regulatory reform, developed new regulations to allow for the legal sale of hemp and the labeling of bioengineered products, and implemented the 2018 Farm Bill.

Featuring:
- Boris Bershteyn, Partner, Skadden, Arps, Slate, Meagher, and Flom, former acting OIRA Administrator
- Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation, former OIRA Administrator
- Moderator: Hon. Stephen Alexander Vaden, United States Court of International Trade]]>https://api.spreaker.com/episode/51421320Thu, 29 Sep 2022 20:44:51 +0000The Federalist SocietyThis 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)....The luncheon also featured Boris Bershteyn, a partner at Skadden, Arps, Slate, Meagher, and Flom, LLP. Mr. Bershteyn served as acting Administrator of ORIA in 2012 and 2013. He was also General Counsel of the Office of Management and Budget starting in 2011.

Moderating this event was Hon. Stephen Alexander Vaden from the United States Court of International Trade. Before joining the bench, Judge Vaden served as General Counsel of the United States Department of Agriculture. During his nearly four-year tenure as head of the Office of General Counsel, the Department won two cases before the United States Supreme Court, relocated and reorganized the agencies that comprise the Department to better serve rural America, engaged in substantial regulatory reform, developed new regulations to allow for the legal sale of hemp and the labeling of bioengineered products, and implemented the 2018 Farm Bill.

Featuring:
- Boris Bershteyn, Partner, Skadden, Arps, Slate, Meagher, and Flom, former acting OIRA Administrator
- Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation, former OIRA Administrator
- Moderator: Hon. Stephen Alexander Vaden, United States Court of International Trade]]>3741administrative law & regulatio,article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-77-who-decides-
Who has the authority to enforce this provision, the states or Congress? Normally states cannot add requirements for holding public office, but is this different, or is enforcement left to Congress itself through its ability to expel members?

These questions took on new relevance on September 6, 2022, when New Mexico Judge Francis Mathew ordered that Otero County Commissioner Couy Griffin be removed from office effective immediately for his participation in the January 6 riot under the Disqualification Clause. While this decision is likely to be appealed, it could have serious implications for members of Congress and/or former President Donald J. Trump.

Listen to a discussion on these important issues between James Bopp, Jr., who represented Congressman Madison Cawthorn against challenges to his office under the Disqualification Clause, and Pressly Millen, who represented the challengers to Congressman Cawthorn. That challenge was mooted after Congressman Cawthorn failed to win his primary, leaving the underlying questions unanswered. Joining Mr. Bopp and Mr. Millen will be Kory Langhofer, who successfully represented Congressman Andy Biggs before the Arizona Supreme Court on a Disqualification Clause challenge, and moderator Devin Watkins, an Attorney at the Competitive Enterprise Institute.

Featuring:
- James Bopp, Jr., General Counsel, James Madison Center for Free Speech
- Kory Langhofer, Managing Partner, Statecraft
- Pressly M. Millen, Partner, Womble Bond Dickinson
- Moderator: Devin Watkins, Attorney, Competitive Enterprise Institute]]>https://api.spreaker.com/episode/51395975Tue, 27 Sep 2022 13:15:00 +0000The Federalist SocietyThe 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...
Who has the authority to enforce this provision, the states or Congress? Normally states cannot add requirements for holding public office, but is this different, or is enforcement left to Congress itself through its ability to expel members?

These questions took on new relevance on September 6, 2022, when New Mexico Judge Francis Mathew ordered that Otero County Commissioner Couy Griffin be removed from office effective immediately for his participation in the January 6 riot under the Disqualification Clause. While this decision is likely to be appealed, it could have serious implications for members of Congress and/or former President Donald J. Trump.

Listen to a discussion on these important issues between James Bopp, Jr., who represented Congressman Madison Cawthorn against challenges to his office under the Disqualification Clause, and Pressly Millen, who represented the challengers to Congressman Cawthorn. That challenge was mooted after Congressman Cawthorn failed to win his primary, leaving the underlying questions unanswered. Joining Mr. Bopp and Mr. Millen will be Kory Langhofer, who successfully represented Congressman Andy Biggs before the Arizona Supreme Court on a Disqualification Clause challenge, and moderator Devin Watkins, an Attorney at the Competitive Enterprise Institute.

Featuring:
- James Bopp, Jr., General Counsel, James Madison Center for Free Speech
- Kory Langhofer, Managing Partner, Statecraft
- Pressly M. Millen, Partner, Womble Bond Dickinson
- Moderator: Devin Watkins, Attorney, Competitive Enterprise Institute]]>3677article i initiative,constitution,election law,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-76-2015-address
Lee Liberman Otis, Senior Vice President and Director, Faculty Division at the Federalist Society, eulogized Senator Hatch here: https://fedsoc.org/commentary/fedsoc-blog/n-memoriam-orrin-hatch.

Featuring:
- Hon. Orrin Hatch, Former United States Senator, Utah
- Leonard A. Leo, Former Executive Vice President, The Federalist Society]]>https://api.spreaker.com/episode/49575629Wed, 27 Apr 2022 21:46:00 +0000The Federalist SocietyRecently 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...
Lee Liberman Otis, Senior Vice President and Director, Faculty Division at the Federalist Society, eulogized Senator Hatch here: https://fedsoc.org/commentary/fedsoc-blog/n-memoriam-orrin-hatch.

Featuring:
- Hon. Orrin Hatch, Former United States Senator, Utah
- Leonard A. Leo, Former Executive Vice President, The Federalist Society]]>3368article i initiative,constitution,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-75-an-introduct
Featuring:
- Judge Stephen Schwartz, Judge, United States Court of Federal Claims
- Prof. David P. Waddilove, Associate Professor, Notre Dame Law School]]>https://api.spreaker.com/episode/49344783Wed, 06 Apr 2022 19:17:29 +0000The Federalist SocietyOn 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....
Featuring:
- Judge Stephen Schwartz, Judge, United States Court of Federal Claims
- Prof. David P. Waddilove, Associate Professor, Notre Dame Law School]]>3633article i initiative,federal courts,litigationcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-74-can-congress
Senator James Lankford joined us to discuss these issues and some of his specific solutions including the recently passed bipartisan "Taxpayers Right-to-Know Act" and his proposed "End Government Shutdowns Act." Thereafter, our panel of experts discussed those ideas and much more.

Featuring:
- Hon. James Lankford, United States Senator from Oklahoma
- G. William Hoagland, Senior Vice President, Bipartisan Policy Center
- Matthew B. Lawrence, Associate Professor of Law, Emory University School of Law
- Molly Reynolds, Senior Fellow - Governance Studies, Brookings Institution
- Moderator: Ilya Shapiro, Vice President and Director, Robert A. Levy Center for Constitutional Studies, Cato Institute]]>https://api.spreaker.com/episode/47857233Thu, 09 Dec 2021 19:46:32 +0000The Federalist SocietySome 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...
Senator James Lankford joined us to discuss these issues and some of his specific solutions including the recently passed bipartisan "Taxpayers Right-to-Know Act" and his proposed "End Government Shutdowns Act." Thereafter, our panel of experts discussed those ideas and much more.

Featuring:
- Hon. James Lankford, United States Senator from Oklahoma
- G. William Hoagland, Senior Vice President, Bipartisan Policy Center
- Matthew B. Lawrence, Associate Professor of Law, Emory University School of Law
- Molly Reynolds, Senior Fellow - Governance Studies, Brookings Institution
- Moderator: Ilya Shapiro, Vice President and Director, Robert A. Levy Center for Constitutional Studies, Cato Institute]]>5291article i initiative,federalism & separation of pow,law & economicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-73-how-to-fix-t
Featuring:
- David Hoppe, President, Hoppe Strategies
- Introduction: Seth Zirkle, Evansville Lawyers Chapter President]]>https://api.spreaker.com/episode/47774995Fri, 03 Dec 2021 19:36:51 +0000The Federalist SocietyThe 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...
Featuring:
- David Hoppe, President, Hoppe Strategies
- Introduction: Seth Zirkle, Evansville Lawyers Chapter President]]>2478article i initiative,financial services,law & economicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-72-redistrictin
Featuring:
- Mark Braden, Of Counsel, BakerHostetler
- Jeffrey M. Wice, Adjunct Professor of Law, New York Law School; Director, N.Y. Census and Redistricting Institute
- Moderator: Maya Noronha, Visiting Fellow, Independent Women's Law Center]]>https://api.spreaker.com/episode/47167102Tue, 26 Oct 2021 19:26:51 +0000The Federalist SocietyAn 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,...
Featuring:
- Mark Braden, Of Counsel, BakerHostetler
- Jeffrey M. Wice, Adjunct Professor of Law, New York Law School; Director, N.Y. Census and Redistricting Institute
- Moderator: Maya Noronha, Visiting Fellow, Independent Women's Law Center]]>3573article i initiative,election law,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-71-the-two-part
Featuring:
- Bob Barr, President and CEO, Liberty Strategies LLC]]>https://api.spreaker.com/episode/47031774Mon, 18 Oct 2021 17:16:54 +0000The Federalist SocietyOn 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
Featuring:
- Bob Barr, President and CEO, Liberty Strategies LLC]]>3110article i initiative,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-70-congressiona_1
Featuring:
- Ashley Callen, Deputy Staff Director, House Oversight and Reform Committee
- Daniel Goshorn, Chief Investigative Counsel, U.S. Senate Committee on Finance
- Allison Murphy, Former Chief Oversight Counsel of the House Select Subcommittee on the Coronavirus Crisis, Majority Staff; Partner in the Government, Regulatory & Internal Investigations Practice Group, Kirkland & Ellis
- Christopher Armstrong, Former Chief Oversight Counsel, Senate Committee on Finance; Partner, Holland & Knight LLP
- Moderator: Michael D. Bopp, Partner, Gibson Dunn & Crutcher LLP]]>https://api.spreaker.com/episode/46057071Wed, 11 Aug 2021 20:51:05 +0000The Federalist SocietyWith 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...
Featuring:
- Ashley Callen, Deputy Staff Director, House Oversight and Reform Committee
- Daniel Goshorn, Chief Investigative Counsel, U.S. Senate Committee on Finance
- Allison Murphy, Former Chief Oversight Counsel of the House Select Subcommittee on the Coronavirus Crisis, Majority Staff; Partner in the Government, Regulatory & Internal Investigations Practice Group, Kirkland & Ellis
- Christopher Armstrong, Former Chief Oversight Counsel, Senate Committee on Finance; Partner, Holland & Knight LLP
- Moderator: Michael D. Bopp, Partner, Gibson Dunn & Crutcher LLP]]>3485administrative law & regulatio,article i initiative,constitution,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-69-the-u-s-sena
Featuring:
- Jon Kyl, Senior Advisor, Covington & Burling, and former United States Congressman and Senator
- Martin Gold, Partner, Capitol Counsel LLC
- Moderator: Peter Roskam, Partner, Sidley Austin, and former Congressman, Illinois' 6th Congressional District]]>https://api.spreaker.com/episode/45685608Tue, 13 Jul 2021 21:32:54 +0000The Federalist SocietyThen-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...
Featuring:
- Jon Kyl, Senior Advisor, Covington & Burling, and former United States Congressman and Senator
- Martin Gold, Partner, Capitol Counsel LLC
- Moderator: Peter Roskam, Partner, Sidley Austin, and former Congressman, Illinois' 6th Congressional District]]>3657article i initiative,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-68-h-r-1-the-fo
The measure was reintroduced in the 117th Congress as H.R. 1 in the House and S. 1 in the Senate, but with still more provisions expanding it to over 800 pages. Proponents supporting passage have cited the importance of expanding voter access and fighting "voter suppression." Opponents argue that the bill significantly restricts free speech by changing campaign finance rules, creates the potential for widespread voter fraud by relaxing necessary voting integrity safeguards, and constitutes a federal takeover of state-run elections.

The House passed the bill on a near party-line vote (1 Democrat voted "no"), and its fate now lies with the 50-50 divided Senate. Senate Republicans can block a vote with the filibuster, and H.R. 1 has been cited frequently as a reason to abolish the filibuster. But at least one Senate Democrat, Joe Manchin of West Virginia, has stated that he will not vote for the bill in its current form, depriving the legislation--for now--of even a simple majority.

Mr. Bradley A. Smith, Chairman and Founder of the Institute for Free Speech and one of the nation's foremost experts on campaign finance law, joined the Federalist Society to discuss some of the more important provisions and implications of H.R.1/S. 1, the For the People Act.

Featuring:

- Bradley A. Smith, Chairman and Founder, Institute for Free Speech]]>https://api.spreaker.com/episode/45417414Wed, 23 Jun 2021 21:10:49 +0000The Federalist SocietyThe 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...
The measure was reintroduced in the 117th Congress as H.R. 1 in the House and S. 1 in the Senate, but with still more provisions expanding it to over 800 pages. Proponents supporting passage have cited the importance of expanding voter access and fighting "voter suppression." Opponents argue that the bill significantly restricts free speech by changing campaign finance rules, creates the potential for widespread voter fraud by relaxing necessary voting integrity safeguards, and constitutes a federal takeover of state-run elections.

The House passed the bill on a near party-line vote (1 Democrat voted "no"), and its fate now lies with the 50-50 divided Senate. Senate Republicans can block a vote with the filibuster, and H.R. 1 has been cited frequently as a reason to abolish the filibuster. But at least one Senate Democrat, Joe Manchin of West Virginia, has stated that he will not vote for the bill in its current form, depriving the legislation--for now--of even a simple majority.

Mr. Bradley A. Smith, Chairman and Founder of the Institute for Free Speech and one of the nation's foremost experts on campaign finance law, joined the Federalist Society to discuss some of the more important provisions and implications of H.R.1/S. 1, the For the People Act.

Featuring:

- Bradley A. Smith, Chairman and Founder, Institute for Free Speech]]>3206article i initiative,campaign finance,election law,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-67-non-delegati
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]]>https://api.spreaker.com/episode/44934361Thu, 20 May 2021 19:10:35 +0000The Federalist SocietyOn 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...
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]]>5512administrative law & regulatio,constitution,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-66-federalist-p
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]]>https://api.spreaker.com/episode/44275007Fri, 09 Apr 2021 17:21:27 +0000The Federalist SocietyThe 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...
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]]>3781constitution,federalism,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-65-federalist-p
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]]>https://api.spreaker.com/episode/44261099Thu, 08 Apr 2021 18:59:36 +0000The Federalist SocietyThe 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 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]]>3748constitution,federalism,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-64-federalist-p
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]]>https://api.spreaker.com/episode/44209444Mon, 05 Apr 2021 20:20:00 +0000The Federalist SocietyThe 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...
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]]>3690constitution,federalism,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-63-kisor-and-gu
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]]>https://api.spreaker.com/episode/43653646Fri, 26 Feb 2021 18:11:48 +0000The Federalist SocietyOn 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 -...
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]]>2741administrative law & regulatiocleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-62-congressiona
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]]>https://api.spreaker.com/episode/43350034Mon, 08 Feb 2021 16:51:14 +0000The Federalist SocietyAfter 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...
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]]>3257administrative law & regulatiocleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-61-congress-and
Featuring:
- Christopher J. Walker, John W. Bricker Professor of Law; Director, Washington, DC, Summer Program, The Ohio State University Moritz College of Law]]>https://api.spreaker.com/episode/43186194Fri, 29 Jan 2021 17:32:55 +0000The Federalist SocietyIn 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...
Featuring:
- Christopher J. Walker, John W. Bricker Professor of Law; Director, Washington, DC, Summer Program, The Ohio State University Moritz College of Law]]>1105administrative law & regulatio,article i initiative,constitution,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-59-supreme-cour
Featuring:
- Dan McLaughlin, Senior Writer, National Review Online
- Introduction: Chad Pekron, Lead Counsel – Appellate, Walmart]]>https://api.spreaker.com/episode/42387557Tue, 08 Dec 2020 18:15:00 +0000The Federalist SocietyOn 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...
Featuring:
- Dan McLaughlin, Senior Writer, National Review Online
- Introduction: Chad Pekron, Lead Counsel – Appellate, Walmart]]>3436article i initiative,founding era & history,separation of powers,supreme courtcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-59-presidential
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 Officer of Matterhorn Transactions, Inc., a legal information services company that provides transaction term language and market trend analytics across the US, UK, and Canada.

Featuring:
- Logan Beirne, Clinical Lecturer in Law and Faculty Fellow, Information Society Project, Yale Law School]]>https://api.spreaker.com/episode/41827984Fri, 06 Nov 2020 10:00:00 +0000The Federalist SocietyOn 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...
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 Officer of Matterhorn Transactions, Inc., a legal information services company that provides transaction term language and market trend analytics across the US, UK, and Canada.

Featuring:
- Logan Beirne, Clinical Lecturer in Law and Faculty Fellow, Information Society Project, Yale Law School]]>3610article i initiative,constitution,founding era & history,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-58-debate-the-t
Featuring:
- Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
- John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law
- [Moderator] Craig Green, Professor of Law, Temple University Beasley School of Law]]>https://api.spreaker.com/episode/41760368Mon, 02 Nov 2020 12:15:00 +0000The Federalist SocietyOn 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...
Featuring:
- Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
- John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law
- [Moderator] Craig Green, Professor of Law, Temple University Beasley School of Law]]>3854administrative law & regulatio,article i initiative,constitution,founding era & history,regulatory transparency projec,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-57-constitution
Dr. Sheehan is the Director of Graduate Studies at the Arizona State School of Civic and Economic Thought and Leadership. She is author of the Cambridge Companion to The Federalist, co-edited with Jack Rakove (Cambridge, 2020), The Mind of James Madison: The Legacy of Classical Republicanism (Cambridge, 2015), James Madison and the Spirit of Republican Self-Government (Cambridge, 2009), and Friends of the Constitution: Writings of the "Other" Federalists, 1787-88 (with Gary L. McDowell, Liberty Fund, 1998).

Featuring:
- Dr. Colleen Sheehan, Director of Graduate Studies, Arizona State School of Civic and Economic Thought and Leadership.]]>https://api.spreaker.com/episode/41042635Mon, 21 Sep 2020 14:13:35 +0000The Federalist SocietyTo 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...
Dr. Sheehan is the Director of Graduate Studies at the Arizona State School of Civic and Economic Thought and Leadership. She is author of the Cambridge Companion to The Federalist, co-edited with Jack Rakove (Cambridge, 2020), The Mind of James Madison: The Legacy of Classical Republicanism (Cambridge, 2015), James Madison and the Spirit of Republican Self-Government (Cambridge, 2009), and Friends of the Constitution: Writings of the "Other" Federalists, 1787-88 (with Gary L. McDowell, Liberty Fund, 1998).

Featuring:
- Dr. Colleen Sheehan, Director of Graduate Studies, Arizona State School of Civic and Economic Thought and Leadership.]]>2782article i initiative,constitution,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-56-best-of-sena
Senator Tom Coburn, Former United States Senator, Oklahoma.]]>https://api.spreaker.com/episode/25533918Wed, 15 Apr 2020 11:57:20 +0000The Federalist SocietyRecently 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...
Senator Tom Coburn, Former United States Senator, Oklahoma.]]>1344article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-55-2020-nationaMuch has changed concerning the Senate since the adoption of the Constitution. It is now directly elected. The nature of its power has changed with the passage of the 16th Amendment. And its unique role in confirmations and treaties and the nature of its role protecting smaller states all have undergone much discussion. The Senate has always played a key role in balancing purely democratic power. It has also protected the states and possibly served to defuse otherwise hostile geographical battles. Does or should this role change in our modern democracy? If so, how?

Prof. Lynn A. Baker, Frederick M. Baron Chair in Law and Co-Director of the Center on Lawyers, Civil Justice and the Media, University of Texas at Austin School of Law
Prof. Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas at Austin School of Law
Ms. Amanda Neely, General Counsel, Office of Senator Rob Portman
Prof. John Yoo, Emanuel Heller Professor of Law and director of the Korea Law Center, University of California at Berkeley School of Law
Moderator: Hon. Raymond M. Kethledge, United States Court of Appeals, Sixth Circuit]]>https://api.spreaker.com/episode/24790100Fri, 03 Apr 2020 15:33:13 +0000The Federalist SocietyOn 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...Much has changed concerning the Senate since the adoption of the Constitution. It is now directly elected. The nature of its power has changed with the passage of the 16th Amendment. And its unique role in confirmations and treaties and the nature of its role protecting smaller states all have undergone much discussion. The Senate has always played a key role in balancing purely democratic power. It has also protected the states and possibly served to defuse otherwise hostile geographical battles. Does or should this role change in our modern democracy? If so, how?

Prof. Lynn A. Baker, Frederick M. Baron Chair in Law and Co-Director of the Center on Lawyers, Civil Justice and the Media, University of Texas at Austin School of Law
Prof. Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas at Austin School of Law
Ms. Amanda Neely, General Counsel, Office of Senator Rob Portman
Prof. John Yoo, Emanuel Heller Professor of Law and director of the Korea Law Center, University of California at Berkeley School of Law
Moderator: Hon. Raymond M. Kethledge, United States Court of Appeals, Sixth Circuit]]>6273cleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-54-presidential
Featuring:
- Keith Whittingon, William Nelson Cromwell Professor of Politics at Princeton University
- Heidi Kitrosser, Robins Kaplan Professor of Law at the University of Minnesota Law School]]>https://api.spreaker.com/episode/23984109Tue, 17 Mar 2020 12:25:13 +0000The Federalist SocietyDescription: 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...
Featuring:
- Keith Whittingon, William Nelson Cromwell Professor of Politics at Princeton University
- Heidi Kitrosser, Robins Kaplan Professor of Law at the University of Minnesota Law School]]>5290cleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-53-congressionahttps://api.spreaker.com/episode/23756349Wed, 11 Mar 2020 15:40:05 +0000The Federalist SocietyJason 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.2767article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-52-can-congresshttps://api.spreaker.com/episode/21445976Tue, 07 Jan 2020 13:44:01 +0000The Federalist SocietyCan 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.3088article i initiative,federalismcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-51-national-sechttps://api.spreaker.com/episode/19931593Fri, 08 Nov 2019 14:35:23 +0000The Federalist SocietyA discussion of National Security and Executive Power, recorded on October 10 at the Georgetown Law Center.4607article i initiative,federalism & separation of pow,international & national securcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-50-laboratories_1Featuring:

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.]]>https://api.spreaker.com/episode/19810194Fri, 01 Nov 2019 21:02:00 +0000The Federalist SocietyThe 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...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.]]>5369federalismcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-50-laboratoriesFeaturing:

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.]]>https://api.spreaker.com/episode/19809870Fri, 01 Nov 2019 16:13:11 +0000The Federalist SocietyThe 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...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.]]>5369federalismcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-49-what-is-an-ihttps://api.spreaker.com/episode/19629622Tue, 22 Oct 2019 09:24:11 +0000The Federalist SocietyThis episode was hosted and recorded on October 15, 2019 by the Temple University Beasley School of Law Student Chapter.3549constitution,due processcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-48-the-electorahttps://api.spreaker.com/episode/19444530Thu, 10 Oct 2019 15:06:13 +0000The Federalist SocietyRecorded at University of St. Thomas School of Law on September 19, this event focused on the benefits and drawbacks of the electoral college.3489article i initiative,constitution,election lawcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-47-laboratoriesThe 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]]>https://api.spreaker.com/episode/18901026Fri, 23 Aug 2019 20:14:38 +0000The Federalist SocietyOn 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...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]]>5732constitutioncleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-46-subdelegatioOn 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.]]>https://api.spreaker.com/episode/18696054Thu, 01 Aug 2019 13:20:02 +0000The Federalist SocietyThe 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...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.]]>3709administrative law & regulatiocleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-45-agency-rule-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]]>https://api.spreaker.com/episode/18582136Thu, 18 Jul 2019 15:19:18 +0000The Federalist SocietyOn 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...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]]>5139article i initiative,constitution,environmental & energy law,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/all-the-presidents-budgets-who-should-be_1The 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]]>https://api.spreaker.com/episode/18378500Tue, 25 Jun 2019 15:56:51 +0000The Federalist SocietyOn 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 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]]>4255article i initiative,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-43-john-yoo-andhttps://api.spreaker.com/episode/18026765Mon, 20 May 2019 19:29:27 +0000The Federalist SocietyWhat 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...3416article i initiative,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-42-an-address-bhttps://api.spreaker.com/episode/17928270Tue, 14 May 2019 17:57:37 +0000The Federalist SocietyOn 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...2887article i initiative,constitution,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-41-an-address-bFeaturing:
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.]]>https://api.spreaker.com/episode/17829175Fri, 03 May 2019 21:07:58 +0000The Federalist SocietyOn 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...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.]]>2348article i initiative,constitution,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-40
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.]]>https://api.spreaker.com/episode/17585109Tue, 09 Apr 2019 16:48:04 +0000The Federalist SocietyOn 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...
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.]]>1064article i initiative,constitution,due process,federal courts,separation of powerscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-39-bipartisanshFeaturing:
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]]>https://api.spreaker.com/episode/17525443Wed, 03 Apr 2019 18:11:30 +0000The Federalist SocietyWelcome 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...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]]>5689article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-38-a-world-with
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]]>https://api.spreaker.com/episode/17467378Thu, 28 Mar 2019 16:56:50 +0000The Federalist SocietyWelcome 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...
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]]>4959administrative law & regulatio,article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-37-can-the-otheFeaturing:
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]]>https://api.spreaker.com/episode/17406264Fri, 22 Mar 2019 13:35:58 +0000The Federalist SocietyIn 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,...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]]>6223article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/james-l-buckleys-awesome-cast-well-done-https://api.spreaker.com/episode/17311500Wed, 13 Mar 2019 19:24:19 +0000The Federalist SocietyThe 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...1677article i initiative,constitution,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-35-reception-wiFeaturing:
Former Rep. Sue Myrick, U.S. Representative for North Carolina's 9th Congressional District]]>https://api.spreaker.com/episode/17054026Fri, 15 Feb 2019 17:21:32 +0000The Federalist SocietyOn 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...Featuring:
Former Rep. Sue Myrick, U.S. Representative for North Carolina's 9th Congressional District]]>2334article i initiative,federalism & separation of pow,politicscleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-34-the-new-cong
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]]>https://api.spreaker.com/episode/16825531Wed, 23 Jan 2019 23:01:19 +0000The Federalist SocietyOn 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....
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]]>4666administrative law & regulatio,article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-33-discussion-w_2Featuring:

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]]>https://api.spreaker.com/episode/16663564Tue, 08 Jan 2019 21:48:46 +0000The Federalist SocietyOn 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...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]]>3936article i initiative,federalist societycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-32-fixing-the-ahttps://api.spreaker.com/episode/16463688Thu, 13 Dec 2018 19:06:30 +0000The Federalist SocietyOn 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...5078article i initiative,criminal law & procedure,international & national securcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-30-address-by-shttps://api.spreaker.com/episode/16281233Tue, 20 Nov 2018 18:04:44 +0000The Federalist SocietyOn 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...2736article i initiative,federalist societycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-30-the-legislatHowever, 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).]]>https://api.spreaker.com/episode/16161824Wed, 07 Nov 2018 20:47:44 +0000The Federalist SocietyAmerican 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,...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).]]>4129article i initiative,international law & tradecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-29-is-the-nonde_1https://api.spreaker.com/episode/16102088Tue, 30 Oct 2018 20:30:51 +0000The Federalist SocietyOn 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...4647administrative law & regulatio,article i initiative,federalism & separation of pow,supreme courtcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-28-perspectiveshttps://api.spreaker.com/episode/16005570Fri, 19 Oct 2018 20:45:57 +0000The Federalist SocietyOn 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...3102article i initiative,federalism & separation of powcleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-27-how-should-tHowever 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.]]>https://api.spreaker.com/episode/15985158Wed, 17 Oct 2018 15:17:06 +0000The Federalist SocietyThe 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...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.]]>4335article i initiative,constitution,election law,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-26-constitutionhttps://api.spreaker.com/episode/15920403Tue, 09 Oct 2018 22:06:26 +0000The Federalist SocietyThis 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...1973article i initiative,constitutioncleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-25-congressionahttps://api.spreaker.com/episode/15863627Tue, 02 Oct 2018 15:36:27 +0000The Federalist SocietyElise 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...2853article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-24-address-by-chttps://api.spreaker.com/episode/15720625Fri, 14 Sep 2018 21:12:47 +0000The Federalist SocietyOn 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...2430article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-23-regulatory-rhttps://api.spreaker.com/episode/15598183Wed, 29 Aug 2018 11:26:02 +0000The Federalist SocietyRecorded 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...2184administrative law & regulatio,article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-22-balancing-in_1https://api.spreaker.com/episode/15234152Wed, 11 Jul 2018 13:42:50 +0000The Federalist SocietyRecorded 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...2616administrative law & regulatio,article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-21-remarks-by-shttps://api.spreaker.com/episode/15143593Wed, 27 Jun 2018 20:24:52 +0000The Federalist SocietyOn June 11, 2018, the Article I Initiative and the Federalist Society's DC Young Lawyers Chapter cosponsored an event which featured Senator Chuck Grassley. Sen. Grassley (IA) spoke on developments in the federal judiciary and the importance of...1970article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-20-founding-prihttps://api.spreaker.com/episode/15102107Thu, 21 Jun 2018 18:14:52 +0000The Federalist SocietyOn June 6, 2018, the Article I Initiative and the Federalist Society Federalism & Separation of Powers Practice Group co-hosted a luncheon at the Mayflower Hotel, titled "Founding Principles as Pillars of Our Foreign Policy". Following an address...3762article i initiative,federalism & separation of pow,foreign policy,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-19-founding-prihttps://api.spreaker.com/episode/15414186Thu, 21 Jun 2018 16:10:00 +0000The Federalist SocietyOn June 6, 2018, the Article I Initiative and the Federalist Society Federalism & Separation of Powers Practice Group co-hosted a luncheon at the Mayflower Hotel, titled "Founding Principles as Pillars of Our Foreign Policy". Congressman Mike...1767article i initiative,foreign policy,founding era & historycleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-18-nyu-panel-hi_1https://api.spreaker.com/episode/14866084Tue, 22 May 2018 16:26:48 +0000The Federalist SocietyOn March 29, 2018, the New York University Federalist Society Student Chapter hosted a panel titled "The Balance between the President and Congress: Congressional Government?" as a part of their "Beyond Trump: Threats to the Presidency" conference....4924article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-17-georgetown-lhttps://api.spreaker.com/episode/14808848Wed, 16 May 2018 14:57:55 +0000The Federalist SocietyOn April 16, 2018, the Georgetown Law Federalist Society presented its Lifetime Service Award to Sen. Rand Paul. The Senator gave a short presentation and answered questions.2801article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-15-restoring-arhttps://api.spreaker.com/episode/14736568Tue, 08 May 2018 18:40:15 +0000The Federalist SocietyPart five of our six part series highlighting panels and speeches from our March Conference features an address by Senator Mike Lee, covering a history of Congress' trade powers and a procedural solution to restore the balance of powers intended by...2229article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-16-restoring-arhttps://api.spreaker.com/episode/14736864Tue, 08 May 2018 14:50:58 +0000The Federalist SocietyThe final episode of our six part series highlighting panels and speeches from our March Conference features reflections and recommendations on Congress as a whole by moderator and General Counsel & Parliamentarian for the House Committee on Ways...5940article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-14-restoring-arhttps://api.spreaker.com/episode/14677098Tue, 01 May 2018 17:29:46 +0000The Federalist SocietyPart four of our six part series highlighting panels and speeches from our March Conference features a discussion on Senate reform proposals by our moderator Daniel Flores, Hudson Institute Distinguished Fellow Christopher DeMuth, Government Affairs...4012article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-13-restoring-ar_1https://api.spreaker.com/episode/14676461Tue, 01 May 2018 15:44:00 +0000The Federalist SocietyPart three of our six part series highlighting panels and speeches from our March Conference features former Arizona Senator Jon Kyl who enagages in a moderated discussion with Susan Dudley on the gradual deterioration of the constitutional structure...2407article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-12-restoring-arhttps://api.spreaker.com/episode/14621621Tue, 24 Apr 2018 22:26:22 +0000The Federalist SocietyPart two of our six part series highlighting panels and speeches from our March Conference features Oklahoma Senator James Lankford and his remarks on the current Budget and Authorization process and his proposed rules changes to post cloture debate...758article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-11-restoring-arhttps://api.spreaker.com/episode/14620303Tue, 24 Apr 2018 18:13:12 +0000The Federalist SocietyThis is the first episode in a six part series featuring live discussions from our Restoring Article I conference on March 22, 2018. This panel featured insights from former Congressman and current Club for Growth President David McIntosh, former...4499article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-10-scalia-speakhttps://api.spreaker.com/episode/14340364Tue, 20 Mar 2018 11:28:03 +0000The Federalist SocietyChristopher Scalia discusses the book he recently edited with Ed Whelan, Scalia Speaks, which is a collection of Justice Antonin Scalia's speeches. A speech the Justice delivered to Congress in 2011 is the focus of the conversation.2853article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-8-best-of-2017-_1https://api.spreaker.com/episode/13987076Tue, 06 Feb 2018 16:48:51 +0000The Federalist SocietyThis is the final episode in our series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. The recording is of our December 15 panel featuring discussion with Michael Bopp, Machalagh Carr, Hon. Neil Eggleston, and our...3880article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-8-best-of-2017-https://api.spreaker.com/episode/13928329Tue, 30 Jan 2018 20:30:33 +0000The Federalist SocietyThis is the second episode of from our three part series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. This recording is from November 22 and features a panel discussion with former Congressman Chris Shays and...4528article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-7-best-of-2017-https://api.spreaker.com/episode/13835883Thu, 18 Jan 2018 17:28:11 +0000The Federalist SocietyThis is the first in a three part series highlighting the best live panels the Initiative hosted in Washington D.C. in 2017. This recording is from September 22 and features a panel discussion with David Hoppe and Prof. Frances Lee on the...4673article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-5-congress-can-
Professor Schoenbrod also alleges that these same legislators later lobbied not to impose these unpopular burdens while simultaneously blaming the agencies for failing to deliver the statutorily-required protection. In recent years some members of Congress have sought on several occasions to address these problems with various bills including the "Regulations from the Executive in Need of Scrutiny" or REINS Act. Professor Schoenbrod rejects the idea that the problem originated in the agencies and offers his own alternative solutions.]]>https://api.spreaker.com/episode/13387401Tue, 21 Nov 2017 16:59:32 +0000The Federalist SocietyThe Article I Initiative partnered with the Administrative Law & Regulation Practice Group and the Regulatory Transparency Project for a discussion with David Schoenbrod, New York Law School Professor and author of DC Confidential: Inside the Five...
Professor Schoenbrod also alleges that these same legislators later lobbied not to impose these unpopular burdens while simultaneously blaming the agencies for failing to deliver the statutorily-required protection. In recent years some members of Congress have sought on several occasions to address these problems with various bills including the "Regulations from the Executive in Need of Scrutiny" or REINS Act. Professor Schoenbrod rejects the idea that the problem originated in the agencies and offers his own alternative solutions.]]>2707administrative law & regulatio,article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/necessary-proper-episode-5-a-chiefs-pershttps://api.spreaker.com/episode/13134493Thu, 26 Oct 2017 15:39:28 +0000The Federalist SocietyChris Connelly, hill veteran and current Chief of Staff for Congresswoman Vicky Hartzler, (MO-4), joined us to offer his thoughts on the role of a Chief of Staff in the U.S. House of Representatives, how Congress has changed in the last 20 years, and...2482article i initiativecleanfullhttps://www.spreaker.com/user/fedsoc/addressing-the-administrative-statehttps://www.fed-soc.org/library/audiolib/20170912_NecessaryandProperEpisode4.mp3Tue, 12 Sep 2017 22:42:30 +0000The Federalist SocietyAdam J. White, Research Fellow at the Hoover Institution, and Director of the Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, offered his analysis of the administrative state and discussed...3393cleanfullhttps://www.spreaker.com/user/fedsoc/congress-and-the-dilemma-of-fiscal-restrhttp://www.fed-soc.org/library/audiolib/20170725_NecessaryandProperEpisode3.mp3Tue, 25 Jul 2017 15:21:20 +0000The Federalist SocietyChristopher DeMuth, Distinguished Fellow at the Hudson Institute, discusses the current state of the 115th Congress and outlines many of its historical challenges. He also analyzes what he calls Congress' "dilemma of fiscal restraint."4125cleanfullhttps://www.spreaker.com/user/fedsoc/the-congressional-research-service-and-chttp://www.fed-soc.org/library/audiolib/20170711_NecessaryandProperEpisode2.mp3Tue, 11 Jul 2017 19:07:27 +0000The Federalist SocietyFormer Congressional Research Service (CRS) analyst Kevin Kosar offers his inside perspective on how Congress has changed over the last couple decades and how CRS and the Congress could be more effective.3453cleanfullhttps://www.spreaker.com/user/fedsoc/dc-confidential-inside-the-five-tricks-ohttp://www.fed-soc.org/library/audiolib/20170628_NecessaryandProperEpisode1.mp3Wed, 28 Jun 2017 20:43:24 +0000The Federalist SocietyProfessor David Schoenbrod of New York Law School on his new book, DC Confidential: Inside the Five Tricks of Washington. Schoenbrod outlines how Congress attempts to shift blame for unpopular policy decisions while still taking credit for popular...2032cleanfullhttps://www.spreaker.com/user/fedsoc/introduction-to-necessary-properhttp://www.fed-soc.org/library/audiolib/20170628_NecessaryandProperEpisode0.mp3Wed, 28 Jun 2017 20:40:22 +0000The Federalist SocietyWelcome to Necessary & Proper! Get acquainted with what the Federalist Society’s Article I Initiative is all about and what you can expect from N&P.164cleanfull