The 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 sources. One example from the Founders’ original design was the election of U.S. Senators by state legislators. 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.

Necessary & Proper Episode 27: How Should the United States Senate be Elected?

Necessary & Proper is the official podcast of the Federalist Society's Article I Initiative. The Framers of the Constitution intended the legislature to be the most powerful branch of government. In its present state, as the government operates on a day to day basis, it is not. Were the Founders simply wrong about the inherent powers of the legislative branch? Has the institution of Congress developed practices that are not compatible with the text of the Constitution? Why are current Congressional leaders unable or unwilling to act as an effective check on the presidency? Why is Congress unable to pass a budget? Why has Congress ceded much of its authority to the executive branch and to administrative agencies? What does it mean to serve productively as a member of the House or Senate? These and other important questions are the focus of the Article I Initiative. Periodic releases from Necessary & Proper will feature experts who can shed light on what the Framers envisioned for the legislative branch and how it can be restored to its proper place in the constitutional order.

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On March 28, 2023, Representatives Harriet Hageman and Chip Roy joined the Georgetown University Chapter of the Federalist Society for a discussion moderated by David Hoppe. Topics ranged from the representatives' careers prior to joining Congress to the proper role of Congress in the federal government, and the event concluded with audience Q&A.;Featuring:- Hon. Harriet Hageman, U.S. Representative, Wyoming- Hon. Chip Roy, U.S. Representative, 21st District of Texas- Moderator: David Hoppe, President, Hoppe Strategies

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

On March 23, 2023, the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law and the Federalist Society's Arizona State University Student Chapter and Article I Initiative co-hosted a debate about whether the legislative power can be delegated.The debate featured Professor James Stoner and Professor Michael Rappaport, and was moderated by Arizona State Supreme Court Justice Clint Bolick.Featuring:- Prof. Michael Rappaport, Hugh & Hazel Darling Professor of Law and Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law- Prof. James Stoner, Hermann Moyse, Jr., Professor and Director, Eric Voegelin Institute, Department of Political Science, Louisiana State University- [Moderator] Hon. Clint Bolick, Justice, Arizona Supreme Court- [Introduction] Prof. Stephanie Lindquist, Foundation Professor of Law and Political Science and Director, Center for Constitutional Design, Sandra Day O'Connor College of Law, Arizona State University

Can the Legislative Power Be Delegated?

The University of Richmond chapter of the Federalist Society hosted this panel discussion on "The Major Questions Doctrine, Chevron Deference & the Future of the Regulatory State" on Tuesday, March 21, 2023.Featuring:- Prof. Joel B. Eisen, Professor of Law, University of Richmond School of Law- Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School- Jonathan Wolfson, Chief Legal Officer and Policy Director, Cicero Institute

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

In November 2022, the District of Columbia City Council passed the Revised Criminal Code Act of 2022 (RCCA) that significantly reformed the D.C. Criminal Code to "modernize and overhaul" the District's criminal laws including a reduction in penalties for many violent offenses.D.C. Mayor Muriel Bowser initially vetoed the bill citing concerns about some of the changes, but the Council overrode her veto in early 2023. Because D.C. government is not autonomous from the federal government, the legislation requires Congressional approval.The U.S. House voted to nullify the bill, and the Senate is slated to vote on whether to block the bill this week. Should the Senate vote to block the D.C. bill, it could be the first time in almost 3 decades that Congress has nullified a D.C. law.If the Senate votes to nullify the law, the bill will go to President Biden to sign or to veto. While many had anticipated he would veto the resolution, President Biden indicated in a March 2 tweet that he would sign the resolution should it pass.On March 6, D.C. Council Chairman Phil Mendelson wrote a letter to the Senate attempting to withdraw the legislation. Such a withdrawal has not been attempted before. The Senate is still slated to take the issue to a vote later this week.As the Senate vote approached, we hosted a webinar featuring an opening address from U.S. Senator Bill Hagerty, followed by a discussion of the bill and what may come next.Opening Address Featuring:Hon. Bill Hagerty, United States Senator, TennesseeDiscussion Featuring:Zack Smith, Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, Edwin Meese III Center for Legal and Judicial Studies, Heritage Foundation

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

On 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 to the Supreme Court's decision in West Virginia v. EPA.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

Necessary & Proper Episode 27: How Should the United States Senate be Elected?

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