The topic of this episode is, what are budget rescissions and pocket rescissions?

Rescissions have been in the news recently. This past July President Donald J. Trump sent the House and Senate a rescissions message. This memorandum requested that Congress rescind, or take back, spending authority it had previously granted. Congress passed the legislation, which cut $9 billion from foreign aid, the U.S. Institute for Peace, and the Corporation for Public Broadcasting. A rescission of funds has not occurred since 1999, when former President Bill Clinton, a Democrat, struck a deal with the Republican-held House and Senate.

Now the Trump administration is attempting a maneuver called a “pocket rescission.” What’s a pocket rescission? 

To answer that question I have as my guest my colleague, Dr. Philip Wallach. He is a senior fellow at the American Enterprise Institute. He is a colleague and a friend. At AEI he studies America’s separation of powers, with a focus on regulatory policy issues and the relationship between Congress and the administrative state. His latest book is Why Congress (Oxford University Press).

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The topic of this episode is, “Was James Madison the first majority leader?”

Both the Senate and the House of Representatives have a majority leader. At the time of the recording this podcast, Republican John Thune of South Dakota is the Senate majority leader, and Republican Steve Scalise of Louisiana is the House majority leader.

Now, congressional scholars tend to argue that the majority leader emerged as a position in each chamber in 1899. Democrat Arthur B Gorman of Maryland was the first Senate majority leader, and Republican Sereno Elisha Payne of New York was the first House majority leader.

My AEI colleague Jay Cost has a different view. He thinks the first majority leader appeared on Capitol Hill far earlier, and it was Virginia’s James Madison. So, we’re going to discuss that claim, which you can find in his recent piece, "Icons of Congress: James Madison — The First Majority Leader."

So, we’re going to discuss that claim.

Dr. Jay Cost is the Gerald R. Ford nonresident senior fellow at AEI and the author of the superb book, James Madison: America’s First Politician (2021), and other fine volumes on politics and history. Regular readers of UnderstandingCongress.org no doubt have seen Jay’s various reports and essays, and if you have not seen them, do have a look.

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The topic of this episode is, “Does Congress's power to declare war mean anything?”

In June of 2025, President Donald J. Trump directed US aircraft to drop 30,000 pound bombs on nuclear facilities in Iran. Some legislators in Congress and some media complained that this was a violation of the US Constitution. They note that Article I, Section 8 declares, “Congress shall have the power to declare war.” That same article of the Constitution also empowers the legislature to “provide for the common defense.”

So, was the President’s action constitutional or not? And does Congress’s power to declare war mean anything?

To help us think through these questions I have with me my AEI colleague, Gary Schmitt. He is the author of many books and articles on American government and he has written extensively on legislative and presidential war-making.

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The topic of this episode is, Why are legislators on social media?”

We’ve all seen it, and if you haven’t, well, you will soon enough. Social media posts by members of Congress. They are on Facebook, X.com (what used to be called Twitter), Bluesky, and the like. The average voter may be forgiven for wondering, “Why are these lawmakers hanging out online? Don’t they have anything better to do?”

To try to help us better understand what is going on here, I have Annelise Russell, Associate Professor of Public Policy at the University of Kentucky. Dr. Russell has been studying legislators’ use of social media for years and is the author of Tweeting is Leading: How Senators Communicate and Represent in the Age of Twitter (Oxford, 2021). So who better to discuss this topic with us?

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The topic of this episode is, “Is Congress getting anything done?”

The 119th Congress convened in early January. Months have gone by, and there are lots of things happening in Washington, DC.

But is it all being done by President Donald J. Trump? Is Congress itself doing anything?

Gabe Fleisher is here to help us answer that latter question. He is the creator and editor of the must-read publication, Wake Up to Politics. He started this newsletter in 2011, and you may have seen him being interviewed CNN, MSNBC, NPR, and in various other major media.

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The topic of this episode is a recent book that is titled, Congressional Deliberation: Major Debates, Speeches, and Writings 1774-2023 (Hackett 2024). The book is edited by Jordan T. Cash, a professor at James Madison College at Michigan State University, and by Kevin J. Burns, a professor at Benedictine College. 

As the book’s title indicates, its coverage is capacious: the very first excerpt comes from John Adams’ diary entries on the debates in the continental Congress, which he wrote in 1774. The books’ very last entry is taken from the debates that led to the ouster of Speaker Kevin McCarthy in 2023.

Certainly, I could go on and on about all the parts of the book that fascinate me, but today we’re going to do something better than that. I am going to chat with one of the editors, Jordan Cash.

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The topic of this episode is, “What does a member of the House of Representatives do all day?”

It is not easy for the average voter to imagine how a member of Congress spends each day. We see images of them standing in the ornate chamber, talking with voters, and there’s no shortage of videos of them delivering speeches or denunciations of presidents or the other party. Some polling data indicates that many voters think legislators have cushy, part-time jobs and have legion staff doting upon them.

But is life in Congress really like that?

My guest is Derek Kilmer, who has written a chapter on this subject for Casey Burgat’s new edited volume, We Hold These "Truths": How to Spot the Myths that are Holding America Back (Authors Equity, 2025).

And who better to talk about this topic than Derek Kilmer. He is a former member of Congress. He represented Washington state’s 6th district from 2013 to 2025. Mr. Kilmer served on the House of Representatives’ Appropriations Committee, which helps decide where federal spending goes. Listeners may also remember that Mr. Kilmer also co-led the House’s Modernization Committee, and he previously was on this podcast to explain the various things that were being done to make Congress work better.

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The topic of this episode is, “Can term limits fix Congress?”

Many Americans, including possibly you, dear listener, look at Congress and think, “These people stink. They spend decades in Congress and are out of touch with the American people and pay too much attention to special interests.” This widespread feeling unsurprisingly leads to nearly 90 percent of Americans telling pollsters they favor term limits for legislators.

So would term limits be a helpful reform? To help us think through this question I have with me Dr. Casey Burgat, a professor at George Washington University. He is the editor of a new volume, We Hold These Truths: How to Spot the Myths That are Holding America Back (Authors Equity, 2025). It's a fun book, and has contributions from a lot of smart people. The book also includes a chapter that Casey authored on this very topic of term limits for Congress. So who better for us to have on the program?

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The topic of this episode is, “What is the lost history of Congress’s Offices of Legislative Counsel?”

My guest is Beau Baumann, a doctoral candidate in law at Yale University. He studies the intersection of administrative law and legislation. He has published articles in a number of law journals and previously worked as an attorney for the US Department of Justice and clerked for a federal district court. He is the author of a really interesting, new article titled, “Resurrecting the Trinity of Legislative Constitutionalism.” In it he describes some of the lost history of Congress’s offices of legislative counsel (OLC).

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The topic of this episode is, “What has become of the United States Senate and can it be revived?”

The Senate did not have a good year in 2024. The chamber did not pass a budget resolution, nor did the Senate enact any of the dozen annual spending bills. Its year-end calendar of business listed dozens of pages of bills on matters large and small awaiting votes. Lots of floor time was spent on presidential nominations rather than on debating policy or amending legislation and voting on it.

To help us get a better sense of what’s not going well in the Senate and what might be done to improve its functioning I have with me Professor Anthony J. Madonna. Tony is a professor at the University of Georgia. He is the author of many scholarly articles on Congress, and most recently published a piece for Political Research Quarterly titled, “Interbranch Warfare: Senate Amending Process and Restrictive House Rules.”