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

The recent dismissal of the Librarian of Congress and the Register of Copyrights by President Trump raises fundamental questions about the scope of the President's removal authority and the constitutional status of these offices. Do these officials exercise executive power such that they must be removable at will? Or has Congress validly restricted removal in pursuit of independence? This panel will examine the legal and historical foundations of both positions, tracing the development of the Library of Congress and the Copyright Office, their placement within the legislative branch, and the President's authority to remove them—if any. The discussion will examine whether these offices lie within the President's removal authority or whether Congress has validly constrained that power. Our panel will consider the constitutional text, structural implications, and historical practice governing the removal of these unique officers. Featuring: Prof. Anne Joseph O'Connell, Adelbert H. Sweet Professor of Law, Stanford Law School Zvi Rosen, Associate Professor, UNH Franklin Pierce School of Law Devin Watkins, Attorney, Competitive Enterprise Institute [Moderator] Robert Rando, Partner, Patrick Doerr

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Necessary & Proper Episode 100: Legislative or Executive? The Curious Case of the Library of Congress is an episode from Necessary & Proper Podcast by The Federalist Society.

This episode is 61:25 long.

This episode was published on Aug 21, 2025.

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