Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Fellow, The Constitution Project at the Project On Government Oversight
Morton Rosenberg was a senior legal analyst with the Congressional Research Service (CRS) for 35 years specializing in the areas of constitutional law , administrative law and process, congressional practice and procedure, and labor law, and in the problems raised by the interface of Congress and the Executive which involved the scope of congressional oversight and investigative prerogatives, the validity of claims of executive and common law privileges before committees, enforcement of subpoenas, and issues raised by the presidential exercise of temporary and recess appointment. He also served extended details as legal counsel for a special investigative committee and as a legal advisor to the House General Counsel.
Since his retirement from CRS in 2008 he has undertaken a variety of consulting projects and assignments that have tapped into his experience and expertise in constitutional, congressional and administrative law, practice and procedure. This has included an engagement by the Constitution Project to research and write a monograph on congressional investigative oversight in 2009 which was updated and expanded and published in May 2017 entitled "When Congress Comes Calling: A Study on the Principles, Practices. and Pragmatics of Legislative Inquiry." He also served as a consultant to the general counsel of the Public Company Accounting Oversight Board (PCAOB) and its private counsel in the preparation of briefs and for oral argument before the Supreme Court in Free Enterprise Fund v. PCAOB (2010); and in preparing and submitting an amicus brief to the Supreme Court in NLRB v. SW General (2017) which was cited five times by the majority opinion. He is presently of counsel to the law firm Barnett Sivon & Natter, Washington, D.C. and a Constitution Project Fellow.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Shareholder, Brownstein Hyatt Farber Schreck, LLP
As co-chair of the firm’s Government Relations Department, Will Moschella leverages his experience in the Justice Department and Congress to counsel clients on a range of matters, including antitrust, financial services, legal reform, intellectual property and criminal law.
Will served at the Justice Department as principal associate deputy attorney general and as assistant attorney general in the Office of Legislative Affairs. In Congress, Will served on the House Judiciary Committee as chief oversight counsel, and chief legislative counsel and parliamentarian. He was involved in numerous high-profile legislative efforts, including the enactment of the Patriot Act, Intelligence Reform and Terrorism Prevention Act, and Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act.
In 2008, Will received the Edmund J. Randolph Award for Outstanding Service, the highest award that can be bestowed on a Justice Department official.
Topics
Liberty Month Revisited: Out of Control: Separation of Powers and Encroaching Delegations
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Embracing Delegation
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Separation of Powers, Essential to Liberty, Is Under Attack
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Immigration and the Separation of Powers
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Chevron Deference v. The United States Constitution
Two decades of controversy over Federal Communications Commission (FCC) attempts to regulate the Internet across...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Robert G. Natelson
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...
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Article I: Why Congress Matters
Before she was nominated by the President to the Office of Information and Regulatory Affairs...
Why Congress Matters
Neomi Rao
Hon. Neomi Rao has published a new Article I Paper in the Florida Law Review, titled Why...
Exploring Federalist 51: Separation of Powers
Article I Initiative Video
How does the U.S. Constitution promote liberty? This video essay explores the insights from Federalist...
Necessary & Proper Episode 22: Balancing Interests in Congressional Oversight
Morton Rosenberg, Eileen J. O'Connor, William Moschella
Recorded in June, this podcast offers a balanced representation of the competing interests between the...