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Necessary & Proper Podcast

The Federalist Society

Necessary & Proper is the official podcast of the Federalist Society's Article I Initiative. The Framers of the Constitution intended the legislature to be the most powerful branch of govern...

Episodes

20 of 102 episodes

Necessary & Proper Episode 99: Defining Antisemitism: A Debate on Free Speech and Civil Rights

Congress is currently debating the Antisemitism Awareness Act. This proposed legislation aims to provide a clear definition of antisemitism...

60:58Aug 21, 2025

Necessary & Proper Episode 100: Legislative or Executive? The Curious Case of the Library of Congress

The recent dismissal of the Librarian of Congress and the Register of Copyrights by President Trump raises fundamental questions about the s...

61:25Aug 21, 2025

Necessary & Proper Episode 98: Courthouse Steps Decision: Federal Communications Commission v. Consumers’ Research

The Federal Communications Commission (FCC) has traditionally regulated interstate and international communications and, as part of that, ma...

44:57Aug 12, 2025

Necessary & Proper Episode 95: DOGE and the Future of the Federal Workforce

On January 20th, 2025, President Trump established the Department of Government Efficiency (DOGE) by executive order. DOGE and its head, Elo...

74:50Aug 12, 2025

Necessary & Proper Episode 97: Checks and Balances: Deregulation Based on Supreme Court Rulings

Among the points emphasized by the second Trump administration has been a major push for deregulation. President Trump has directed that the...

66:05Aug 12, 2025

Necessary & Proper Episode 96: The Art of Deregulation: Executive Orders and Limited Government

Since taking office on January 20, 2025, President Trump has emphasized deregulation. Deregulatory efforts have focused both on undoing Bide...

74:49Aug 12, 2025

Necessary & Proper Episode 94: The End of Humphrey’s Executor?

Does the President control independent agencies? This panel will examine the Trump administration's efforts to reassert presidential control...

87:55Aug 12, 2025

Necessary & Proper Episode 93: Executive Orders: Faithful Execution or Legislating from the Oval Office?

Presidents have used executive orders to direct the executive branch since the founding, but over the years the modern Presidency has drasti...

61:04Aug 12, 2025

Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?

After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those s...

59:25Aug 12, 2025

Necessary & Proper Episode 91: Antitrust and FTC Reform in the New Congress

In 2025, antitrust and consumer protection remain hot topics in the legal world as a new Congress and Administration begin. Join this FedSoc...

63:33Aug 12, 2025

Necessary & Proper Episode 90: Nondelegation Doctrine Adds Another Good Year?

For many years, legal scholars have declared that the nondelegation doctrine is dead. Professor Cass Sunstein once quipped that the nondeleg...

63:33Aug 12, 2025

Necessary & Proper Episode 89: New Voices in Administrative Law II: The Supreme Court and Federal Court Jurisdiction

The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 yea...

58:13Aug 27, 2024

Necessary & Proper Episode 88: Loper Bright & Relentless

Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevro...

61:55Aug 15, 2024

Necessary & Proper Episode 87: Current & Future Uses of the Impeachment Power

Congress’s impeachment power has been used dozens of times since the republic’s founding, mostly for relatively low- and mid-level executive...

63:03Aug 15, 2024

Necessary & Proper Episode 86: Why Congress

In his recent book Why Congress , Dr. Phillip Wallach covers the past, present, and future of the Legislative branch to help measure its mod...

61:29Aug 15, 2024

Necessary & Proper Episode 85: Holding Congress Accountable to the Constitution

On March 28, 2023, Representatives Harriet Hageman and Chip Roy joined the Georgetown University Chapter of the Federalist Society for a dis...

72:59Jun 13, 2023

Can the Legislative Power Be Delegated?

On March 23, 2023, the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law and the Federalist...

62:38May 11, 2023

The Major Questions Doctrine, Chevron Deference & the Future of the Regulatory State

The University of Richmond chapter of the Federalist Society hosted this panel discussion on "The Major Questions Doctrine, Chevron Deferenc...

50:56Apr 11, 2023

Necessary & Proper Episode 82: The D.C. Crime Bill: What Happens Next?

In November 2022, the District of Columbia City Council passed the Revised Criminal Code Act of 2022 (RCCA) that significantly reformed the...

59:20Mar 15, 2023

Necessary & Proper Episode 81: Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions

On October 17, 2022, the Federalist Society's Regulatory Transparency Project and Capitol Hill Chapter hosted part III in a lecture series o...

59:32Dec 5, 2022