The Federalist Society

Necessary & Proper Podcast

News EN ↓ 102 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 unab...

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The Federalist Society

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News

Podcast website

fedsoc.org

Latest episode

Aug 21, 2025

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Episodes

Necessary & Proper Episode 75: An Introduction to the Court of Federal Claims 06.04.2022

On March 24, 2022, Judge Stephen Schwartz joined the Federalist Society's Notre Dame Student Chapter to discuss the historical, theoretical, and practical reasons why law students should care about the Court of Federal Claims. Professor David P. Waddilove then provided a response and moderated an audience Q&A. Featuring: - Judge Stephen Schwartz, Judge, United States Court of Federal Claims - Prof...

Necessary & Proper Episode 74: Can Congress Improve Budget Transparency and Process? 09.12.2021

Some experts argue that the first and most important place for congressional reform is its power of the purse. With regular order a distant memory, annual budget proceedings failing to live up to the basic framework of the 1974 Budget Act, the ever-expanding role of the president in spending decisions, and regular threats of federal government shutdowns, some fear the legislative branch has lost i...

Necessary & Proper Episode 73: How to Fix the Budget Mess 03.12.2021

The Evansville Lawyers Chapter hosted Dave Hoppe, President, Hoppe Strategies, for a discussion entitled "How to Fix the Budget Mess." Featuring: - David Hoppe, President, Hoppe Strategies - Introduction: Seth Zirkle, Evansville Lawyers Chapter President

Necessary & Proper Episode 72: Redistricting – Discussing the John R. Lewis Voting Rights Advancement Act 26.10.2021

An expert panel discusses the impact that changes proposed in HR 4, the John R. Lewis Voting Rights Advancement Act of 2021, may have on drawing voting districts and litigating redistricting cases. Featuring: - Mark Braden, Of Counsel, BakerHostetler - Jeffrey M. Wice, Adjunct Professor of Law, New York Law School; Director, N.Y. Census and Redistricting Institute - Moderator: Maya Noronha, Visiti...

Necessary & Proper Episode 71: The Two-Party System 18.10.2021

On September 29, 2021, former United States Representative Bob Barr joined the Federalist Society's Southern California Student Chapter to discuss the two-party system. Featuring: - Bob Barr, President and CEO, Liberty Strategies LLC

Necessary & Proper Episode 70: Congressional Oversight and Investigations – New Developments and Outlook for the 117th Congress 11.08.2021

With Democrats holding power in both houses of Congress and the White House, how will congressional oversight and investigations affect private industry and the Biden administration during the 117th Congress? What should we expect if Republicans take back one or both houses of Congress in the midterm elections? What should private entities expect from congressional investigations, and what effect...

Necessary & Proper Episode 69: The U.S. Senate Filibuster – A Feature of or Impediment to Democracy? 13.07.2021

Then-Senator Biden said in 2005 that "American citizens have benefited from the Senate's check on the excesses of the majority" with "minority protections" through the filibuster. Now, however, President Biden believes the filibuster is being abused and, potentially, impeding democracy. Is Senator Biden or President Biden right? Recent pressure from the press and powerful interest groups on the le...

Necessary & Proper Episode 68: H.R. 1, the For the People Act, Explained 23.06.2021

The For the People Act was introduced in the House of Representatives in 2019 as H.R. 1, the symbolic designation marking it as the top priority of the new Democratic House majority. Described by its author, Representative John Sarbanes, as addressing "voter access, election integrity and security, campaign finance, and ethics for the three branches of government," the 570 page bill passed the Hou...

Necessary & Proper Episode 67: Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today 20.05.2021

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 — statutor...

Necessary & Proper Episode 66: Federalist Papers Book Club – The Senate 09.04.2021

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, Ha...

Necessary & Proper Episode 65: Federalist Papers Book Club – The House of Representatives 08.04.2021

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...

Necessary & Proper Episode 64: Federalist Papers Book Club – The Separation of Powers 05.04.2021

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...

Necessary & Proper Episode 63: Kisor and Gundy – The Future of Administrative Law? 26.02.2021

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...

Necessary & Proper Episode 62: Congressional Review Act: First Branch Gets the Last Word 08.02.2021

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 role...

Necessary & Proper Episode 61: Congress and the Administrative State 29.01.2021

In this presentation co-sponsored by the Federalist Society's Article I Initiative and Columbia Student Chapter, Professor Christopher J. Walker discusses the proper the role of Congress in the modern administrative state. Featuring: - Christopher J. Walker, John W. Bricker Professor of Law; Director, Washington, DC, Summer Program, The Ohio State University Moritz College of Law

Necessary & Proper Episode 59: Supreme Court Nominations and the Perils of Court-Packing 08.12.2020

On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers Chapter co-hosted a webinar on Supreme Court nominations and the perils of court-packing. Featuring: Dan McLaughlin, Senior Writer, National Review Online Introduction: Chad Pekron, Lead Counsel – Appellate, Walmart

Necessary & Proper Episode 59: Presidential Power: A Historical Perspective on Today 06.11.2020

On November 2, 2020, the Federalist Society's Illinois Student Chapter hosted Logan Beirne for a discussion of the history of presidential power. Logan Beirne is a Clinical Lecturer in Law and a Faculty Fellow at the Information Society Project at Yale Law School. He is also the Chief Executive Officer of Matterhorn Transactions, Inc., a legal information services company that provides transaction...

Necessary & Proper Episode 58: Debate: The True Extent of Presidential Power 02.11.2020

On October 29, the Penn and Temple Student Chapters of the Federalist Society hosted former officemates and leading scholars of presidential power for a debate on the true extent of presidential power. In his new book, "Defender in Chief," John Yoo argues that Trump, despite his populism, is more often the defender rather than the opponent of the original Constitution. In "The Living Presidency,"...

Necessary & Proper Episode 57: Constitution Day Lecture: Inside the Mind of James Madison 21.09.2020

To celebrate Constitution Day, the Rutgers Law School chapter of the Federalist Society hosted Dr. Colleen Sheehan, one of the nation's leading Madison scholars, to discuss the constitutional thought of James Madison and his role as the "Father of the Constitution." Dr. Sheehan is the Director of Graduate Studies at the Arizona State School of Civic and Economic Thought and Leadership. She is auth...

Necessary & Proper Episode 56: Highlights from Senator Tom Coburn (2015) 15.04.2020

Recently we were saddened to learn of the passing of Senator Tom Coburn. In this episode we bring you some highlights from a panel he participated in at the Federalist Society’s 2015 National Lawyers Convention. The panel was titled, Agency Rule: How Congress Can Reclaim its Legislative Authority. Senator Coburn spoke about a range of topics including Congressional leadership, limited govern...

Necessary & Proper Episode 55: 2020 National Student Symposium Panel II: The Proper Role of the Senate 03.04.2020

On March 14, 2020, the Federalist Society held its 39th National Student Symposium. The Symposium was originally scheduled to be held at the University of Michigan's Law School but was rescheduled as a digital conference. The second panel explored "The Proper Role of the Senate". Much has changed concerning the Senate since the adoption of the Constitution. It is now directly elected. The nature o...

Necessary & Proper Episode 54: Presidential Impeachment: Historical Context and Current Controversies 17.03.2020

Description: On January 16 Penn State Law's Federalist Society Chapter co-hosted an impeachment dicussion featuring Professors Heidi Kitrosser and Keith E. Whittington. Kitrosser is a Robins Kaplan Professor of Law at the University of Minnesota Law School and Whittington is a William Nelson Cromwell Professor of Politics at Princeton University. We hope you enjoy it! Featuring: - Keith Whittingon...

Necessary & Proper Episode 53: Congressional Oversight with Jason Foster 11.03.2020

Jason Foster of Good Government Now shares his experiences as counsel to four congressional committees in the U.S. House and Senate, where he directed fact-finding inquiries to inform their oversight and legislative functions.

Necessary & Proper Episode 52: Can Congress Enforce their Subpoenas? 07.01.2020

Can Congress enforce subpoenas they issue? Dr. William Murphy, Founder and President of Good Government Now, joins the Article I Initiative podcast to discuss their proposed rule changes that would enhance Congressional oversight and investigative powers.

Necessary & Proper Episode 51: National Security and Executive Power 08.11.2019

A discussion of National Security and Executive Power, recorded on October 10 at the Georgetown Law Center.

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