Necessary & Proper Episode 16: Restoring Article I Series - Congressional Reflections and Recommendations
The final episode of our six part series highlighting panels and speeches from our March Conference features reflections and recommendations on Congress as a whole by moderator and General Counsel & Parliamentarian for the House Committee on Ways and Means Machalagh Carr, Professor at the Cornell Law School Josh Chafetz, Professor at the New York Law School David Schoenbrod, and former Chief of Staff for the Speaker of the House David Hoppe.
Founder, Quell Strategies
Machalagh Carr is a trusted and strategic counselor with decades of private sector and government experience. She has nimbly navigated the intersection of congressional investigations and oversight, law, geopolitics, and policy, most recently as the top staffer in Article I as Chief of Staff to Speaker of the House Kevin McCarthy.
Prior to her role as Chief of Staff, she served as General Counsel for the Speaker and Office of the Republican Leader at the U.S. House of Representatives. Previously, she served as General Counsel & Parliamentarian for the Committee on Ways and Means, where she handled all legal and procedural issues for the Committee. Before that, she was the Oversight Staff Director at the Committee where she led the investigations and oversight of all issues within the Committee’s jurisdiction. Prior to joining Ways and Means, she served as the Director of Oversight and Investigations for the Committee on Oversight and Government Reform and as Senior Oversight Counsel at the Committee on Natural Resources.
Previously, Machalagh served in the Office of Global Compliance of an international energy company where she conducted internal anti-corruption investigations, audits, and compliance reviews for the company. Before her in-house experience she practiced in the Litigation, White Collar, and Government Investigations Group at Sonnenschein Nath and Rosenthal LLP (now Dentons). Directly after law school, Machalagh clerked for the Chief Judge of the U.S. Court of Appeals for the Armed Forces.
She taught Trial Practice at Catholic University of America, Columbus School of Law and lives in Virginia with her husband and three sons.
Trustee Professor of Law, New York Law School
From 1972-79, Schoenbrod served as one of the leaders of the Natural Resources Defense Council, where he campaigned to reduce lead in gasoline, resurrect the then-decrepit New York City subway, and protect the environment of Puerto Rico. Previously, he was Director of Program Development at the community development project that Senator Robert Kennedy established in Bedford Stuyvesant. He has also been a senior fellow at the Cato Institute and the American Enterprise Institute.
His books include
D.C. Confidential: Inside the Five Tricks of Washington (Encounter Books, 2017) with forewords by Governor Howard Dean and Senator Mike Lee;
Breaking the Logjam: Environmental Protection That Will Work (Yale University Press, 2010)(with Richard B. Stewart and Katrina M. Wyman);
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005);
Democracy by Decree: What Happens When Courts Run Government (Yale University Press, 2003) (with Ross Sandler); and
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993).
In addition to writing scholarly articles, he has frequently contributed opinion pieces to the Wall Street Journal, The Hill, the New York Times, and other publications.
He has an undergraduate degree from Yale College, a graduate degree in economics from Oxford University, which he attended as a Marshall Scholar, and a law degree from Yale Law School.
President, Hoppe Strategies
After serving 29 years on Capitol Hill, Dave Hoppe returned to the private sector as president of Hoppe Strategies, a strategic planning, lobbying and political consulting firm.
Hoppe brings a wealth of experience to this job, having dealt with legislative development and strategy at the highest levels on Capitol Hill. He directed Whip offices in both the House and Senate, and led the Senate Majority Leader’s office during the Clinton and Bush 43 administrations. Both positions oversaw and coordinated the flow of legislation through Congress, and both required working with political personalities on both sides of the aisle as well as the White House, to achieve passage for each bill. Hoppe recently reprised this role for Sen. Jon Kyl in the Senate Whip Office.
Additionally, Hoppe was the lead staff member on such historic Constitutional and structural events as the power shift in the Senate (when one Senator changed his party affiliation, throwing into chaos the entire Senate committee structure and requiring extensive negotiations between both parties), and the Senate impeachment trial of President Clinton. These events give him a unique perspective on the interaction of political agendas with legislative outcomes.
Other Hill positions held by Hoppe include Chief of Staff to Rep. Jack Kemp during his presidential bid, and Chief of Staff to Sen. Dan Coats who was appointed to replace former Senator Dan Quayle. Sen. Coats was required to conduct two statewide campaigns in a 4-year period in order to confirm his Senate appointment and then to retain the seat, unusual demands which impacted the work of his Senate office. Early in his Hill career, Hoppe served as energy and environmental policy analyst for the Republican Study Committee.
Among the highlights of Hoppe’s years on House leadership staff were the passage of the Economic Recovery Tax Act of 1981 and the Omnibus Budget Reconciliation Act of 1981, both key elements of the first Reagan administration. During his tenure with Rep. Jack Kemp, the Tax Reform Act of 1986 was passed and signed into law. He was also involved with the Balanced Budget Act of 1997, the Economic Growth and Tax Relief Reconciliation Act of 2001, the Individuals with Disabilities Education Act of 1997, and numerous other issues including welfare reform, tax policies and education reform.
In 2003, Hoppe left the Hill to work for the public affairs firm Quinn Gillespie & Associates, serving as President of QGA 2007-2011, when he returned briefly to the Senate to direct the Whip office for Sen. Kyl. Currently Hoppe is a Senior Policy Advisor at Squire Patton Boggs, he also serves as a Senior Advisor to the Bipartisan Policy Center, and is an advisor to the Jack Kemp Foundation. He is an emeritus member of the Board for Easter Seals of DC, Maryland and Northern Virginia, was Chairman of the Government Affairs Committee for the National Down Syndrome Society, and serves on the national board of SourceAmerica and of the Coalition to Promote Self Determination, a group of organizations working to empower disabled individuals to achieve greater independence.
He holds a B.A. in Government from the University of Notre Dame, and an M.A. in International Relations from Johns Hopkins School of Advanced International Studies. He is married and has three children.
Professor of Law, Cornell Law School
Josh Chafetz received his B.A. from Yale University, his doctorate in Politics from Oxford (where he studied as a Rhodes Scholar), and his J.D. from Yale Law School. Following law school, he clerked for Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit.
His research interests include structural constitutional law, American and British constitutional history, legislation and legislative procedure, American political development, and the intersection of law and politics. His second book, Congress's Constitution: Legislative Authority and the Separation of Powers, was published by Yale University Press in 2017. He is also the author of Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions (Yale University Press, 2007) and is a co-editor (along with William N. Eskridge, Jr., Elizabeth Garrett, and James Brudney) of the leading casebook in Legislation, Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy, published by West.
His scholarship has been published in a number of top law reviews, including the Harvard Law Review, Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Notre Dame Law Review, and Yale Journal of Law & the Humanities, among others. He has also written for a number of popular press outlets, including the New York Times, the Washington Post, Politico, Slate, and the New Republic. He is currently a Contributing Writer for the Capitol Hill newspaper The Hill.