Some of Kevin’s writing that we mention in the conversation:

How Has Funding for Federal Agencies Changed Over the Last Decade? Original analysis showing how Congress has started appropriating trillions of dollars outside of the annual appropriations process since 2020.

The Army Clause: A Forgotten Constitutional Check on ICE, CBP and the Pentagon Essay arguing for Congress to enforce the Constitution’s Army Clause through a new point of order, which would allow members of Congress to object to appropriations that violate the Army Clause. Co-authored with Scott Levy

My essay on the dawn of partisan appropriations also comes up.

Some links to things that are discussed:

Swalwell's formal resignation

Gonzales's formal resignation

List of expelled Members, House and Senate

Josh Chafetz's Congress's Constitution

Trafficant's Ethics report and resolution

Here are some links to thinks we mention:

Philip on the IEEPA decision.

Philip on the better-than-expected appropriations process.

Philip’s book, Why Congress? and a short-form version of the argument, Congress Indispensable.

Kevin Kosar on Secret Congress.

Kevin McNellis on discretionary appropriations in reconciliation bills.

Me on the Talking Filibuster.

Here are the show notes and helpful links:

What’s going on in Congress

The text of the SAVE Act.

Rep. Luna’s twitter feed.

Senator Lee’s twitter feed.

A breakdown of the rule vote on the CR.

Majority Leader Thune’s cool reaction to the talking filibuster.

Big Picture Takeaways

The Senate standing rules.

The procedural history of the 1964 Civil Rights Act.

Senate Procedural Basics

The Senate standing rules.

The Rules of the House of Representatives.

Roberts’ Rules of Order.

Senate Rule XIX.

The @ringwiss twitter account.

Why the Talking Filibuster isn’t used

James Wallner’s approach to the talking filibuster.

Other Ways of Ending Debate

CRS overview of Senate filibusters and cloture.

Contemporary Senate problems

My old blog post on filibusters and cloture and why it’s hard to count them.

Changes that could be made

Molly Reynolds and her great book.

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"Biden's 28th amdmt, the TikTok saga, morning pardons, noon pardons, Trump pardons, EOs, Trump TikTok "deal," impoundment threats, I have a gut sensation the presidency came unmoored this week in some maybe durable way. I tried to write about it. Failed. Might try podcasting Friday. DM me if you want to join, might put a show together."

Two people took me up on it, and we recorded a podcast today. Philip Wallach is a Senior Fellow at AEI who focuses on separation of powers, and the author of Why Congress. You can find him on Twitter. Jonathan Bernstein is an expert on party politics; he co-writes the Good Politics / Bad Politics Substack and can be found on BlueSky.

We cover a lot of territory in this podcast. Some of the articles mentioned include:

* Philip’s piece on the emotive presidency.

* Ezra Klein’s audio essay on the Biden-Trump transition.

* Jonathan’s podcast this week with his brother David and Julia Azari.