Necessary & Proper Podcast

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 le

Necessary & Proper Podcast is a news podcast hosted by The Federalist Society, with 102 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

The Federalist Society hosts Necessary & Proper Podcast, a news show with 102 episodes published.

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  Necessary & Proper Podcast

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

  Aug 21, 20251h 1mS0

  Congress is currently debating the Antisemitism Awareness Act. This proposed legislation aims to provide a clear definition of antisemitism for use in enforcing existing civil rights laws. Supporters argue that the bill is a crucial tool for combating rising antisemitism by filling a gap in current legal definitions. Opponents, however, contend that the bill could stifle free speech and limit criticism of Israel. Join the Federalist Society for a timely discussion on the legal and constitutional implications of this legislation, exploring the complexities of defining hate speech while upholding the principles of free expression.<br />Featuring: <br /><br />William Creeley...

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

  Aug 21, 20251h 1mS0

  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?<br /> 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 di...

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

  Aug 12, 202545 minS0

  The Federal Communications Commission (FCC) has traditionally regulated interstate and international communications and, as part of that, maintained a universal service fund that requires telecommunications carriers to contribute quarterly based on their revenues. In order to calculate these contribution amounts, the FCC contracts the help of the Universal Service Administrative Company (USAC). The constitutionality of these delegations of power—to the FCC by Congress and to USAC by the FCC—were challenged in court by Consumers’ Research. On June 27, 2025, the Court ruled in favor of the FCC, rejecting the argument that the universal-service contribution scheme violates the nondelegation doctrine.<br />Join t...

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

  Aug 12, 20251h 15mS0

  On January 20th, 2025, President Trump established the Department of Government Efficiency (DOGE) by executive order. DOGE and its head, Elon Musk, hope to reduce the size and inefficiencies of the administrative state and return the federal bureaucracy to being accountable to the President and, ultimately, the people. While the scope and extent of this mission are still to be determined, one of DOGE’s early endeavors is to dramatically reduce the number of civil service employees determined to be unnecessary or wasteful. While many are vocal in their support of these actions, they are not without pushback, including several legal ch...

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

  Aug 12, 20251h 6mS0

  Among the points emphasized by the second Trump administration has been a major push for deregulation. President Trump has directed that there must be ten deregulatory actions for every one regulatory one, and put forward Presidential Memoranda and Executive Orders to that end. As some have noted, however, such deregulation can take significant time due to factors like the requirements for notice and comment under the Administrative Procedure Act.<br />Interestingly, an April Presidential Memorandum seems to contemplate that potential hurdle for executive actions directing repeal of regulations contrary to ten specific recent Supreme Court decisions, including without notice and...

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