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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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.
Necessary & Proper Episode 97: Checks and Balances: Deregulation Based on Supreme Court Rulings
Necessary & Proper Podcast
1 hour 6 minutes
3 months ago
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 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. 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 comment “where appropriate.” This panel will seek to discuss the potential impact of this presidential memorandum, when deregulation may happen, incurring a need for notice & comment, and what the Judicial Branch might ultimately determine about the Executive Branch’s efforts to enforce their precedents in this manner. Featuring:
John Lewis, Deputy Legal Director, Governing for Impact Jonathan Wolfson, Chief Legal Officer and Policy Director, Cicero Institute (Moderator) Craig E. Leen, Partner, K&L Gates, and Former OFCCP Director
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 legislative branch and how it can be restored to its proper place in the constitutional order.
