Academic journal article Harvard Journal of Law & Public Policy

The Federalist Society's Article I Initiative

Academic journal article Harvard Journal of Law & Public Policy

The Federalist Society's Article I Initiative

Article excerpt

The Federalist Papers clearly establish that the drafters 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. We are left to wonder how this came to be. 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?

The Federalist Society's Article I Initiative seeks to address these questions, and many more. The guiding principle of this project is the development of a theory of the role and practical goals of Congress that stems directly from core Constitutional principles including separation of powers, bicameralism, a federal system extended over a diverse Republic, limited and enumerated domains of legislation, and the Bill of Rights. …

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