Necessary & Proper Episode 37: Can the Other Branches Help Restore Congress?
In this episode we bring you the great discussion we had from the opening panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel asked, "Can the Other Branches Help Restore Congress?", exploring how and if executive and judicial efforts could stoke the legislative ambition Madison expected. We hope you find it interesting and enjoyable.
Featuring:
David Hoppe, President, Hoppe Strategies
Prof. Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Dr. Philip Wallach, Senior Fellow, Governance, R Street
Hon. Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, AEI
Moderator: Thomas G. Hungar, Partner, Gibson Dunn
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project
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 Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Senior Fellow, American Enterprise Institute
Philip Wallach is a senior fellow at the American Enterprise Institute (AEI), where he studies America’s separation of powers, with a focus on regulatory policy issues and the relationship between Congress and the administrative state.
In his latest book Why Congress (Oxford University Press, 2023), Dr. Wallach defends the centrality of Congress in America’s constitutional system, traces the roots of current dysfunction, and suggests how the institution might be restored.
Before joining AEI, Dr. Wallach was a senior fellow in governance studies at the Brookings Institution, where he authored To the Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis (Brookings Institution Press, 2015). He was later affiliated with the R Street Institute and served as a fellow with the House Select Committee on the Modernization of Congress in 2019.
Dr. Wallach’s scholarly and popular work has been published widely, including in the publications of the Brookings Center on Regulation and Markets, Studies in American Political Development, Fortune, National Affairs, National Review, Law & Liberty, Los Angeles Times, RealClearPolicy, the Bulwark, the Hill, the Wall Street Journal, and the Washington Post. A frequent conference participant, he has lectured at William & Mary, the University of Oregon, Northwestern University’s Medill School of Journalism, and the University of Michigan, among others.
Dr. Wallach received a master’s and doctorate in politics from Princeton University and a bachelor’s degree from Wesleyan University’s College of Social Studies.
Senior Fellow, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
Peter J. Wallison holds the Arthur F. Burns Chair in Financial Policy Studies and is co-director of AEI’s program on Financial Policy Studies. Prior to joining AEI, he practiced banking, corporate and financial law at Gibson, Dunn & Crutcher in Washington, D.C., and New York. Mr. Wallison has held a number of government positions. From June 1981 to January 1985, he was General Counsel of the United States Treasury Department, where he had a significant role in the development of the Reagan Administration's proposals for deregulation in the financial services industry. During 1986 and 1987, Mr. Wallison was White House counsel to President Ronald Reagan, and between 1972 and 1976, he served first as Special Assistant to New York's Gov. Nelson A. Rockefeller and, subsequently, as counsel to Mr. Rockefeller as vice president of the United States.
Mr. Wallison was admitted to practice before the courts of New York and the District of Columbia, and is retired from practice in New York. He continues to be a member of the District of Columbia Bar Association. He received his undergraduate degree from Harvard College in 1963 and law degree from Harvard Law School in 1966.
Mr. Wallison is the author of Ronald Reagan: The Power of Conviction and the Success of His Presidency, published in December 2002 by Westview Press. On campaign finance, he is the author (with Joel Gora) of Better Parties, Better Government, (AEI Press 2009). On financial or regulatory matters, he is the author of Back From the Brink, a proposal for a private deposit insurance system, and co-author of Nationalizing Mortgage Risk: The Growth of Fannie Mae and Freddie Mac; The GAAP Gap: Corporate Disclosure in the Internet Age; Competitive Equity: A Better Way to Organize Mutual Funds; Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act (AEI Press 2013); and Hidden In Plain Sight: What Caused the World’s Worst Financial Crisis and Why it Could Happen Again (Encounter Books 2015). His most recent book is Judicial Fortitude: The Last Chance to Rein in the Administrative State, published by Encounter Books in October 2018.
He testifies frequently before committees of Congress, and is a frequent contributor to the op-ed pages of the Wall Street Journal and other print and online journals. He has also been a speaker at many conferences on financial services, housing, the causes of the financial crisis, the Dodd-Frank Act, accounting, and corporate governance, and was a member of the Shadow Financial Regulatory Committee between 1995 and 2015. He was a member of the SEC Advisory Committee on Improvements to Financial Reporting (2008), co-Chair of the Pew Financial Reform Task Force (2009), and a member of the congressionally- appointed Financial Crisis Inquiry Commission (2009-2011). In May 2011, for his work in financial policy, Mr. Wallison received an honorary doctorate in Humane Letters from the University of Colorado.
Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.