Congress Needs a Clerkship Program

Article I of the U.S. Constitution establishes Congress as the federal government’s “first branch” and the primary author of federal law. Congress is, appropriately, also the branch most accountable to the people. Of the three branches, however, Congress is by far the least influential on the legal community’s constitutional perspective. 

One major reason is that Congress is the least accessible to new lawyers in their formative first years: Congress lacks a program similar to the judiciary's clerkship program, or the Honors programs at executive branch agencies.

The legal community is also missing out on the opportunity to have its rising stars learn about legislation--the bread and butter of legal practice--from the inside. In contrast, the consistent flow of lawyers through apprenticeship programs in the courts and executive branch agencies has given the legal community a deep and constantly renewed grounding in judicial and administrative lawmaking.

Congress is missing out, too. Basic legal legislative work--statutory research, drafting, and analysis--often gets short shrift in busy Capitol Hill offices, reflected in shortcomings in Congress’s legal product. Congress would benefit from the legal training, legislative focus, and energy of these temporary hires in their first years after law school, focused on the core legal work that happens in Congress: legal research and analysis, statutory drafting, and use of congressional procedure.

Legislation has been moving in Congress in recent years to establish a legislative law clerk program. This website provides a focal point for our efforts -- and explains how you can help!

The Latest

BILL INTRODUCED!   


We are delighted to announce that on July 20, 2017, Senators Mike Lee (R-UT) and Patrick Leahy (D-VT) introduced the Daniel Webster Congressional Clerkship Act [bill number TBD; text is identical to 114th Congress bill, S. 3499].  

They are joined by Senators John Hoeven (R-ND) and Ted Cruz (R-TX) as original cosponsors.  

Stay tuned for introduction of the House companion bill.

We welcome your help rounding up additional cosponsors!  

Our press release with the four Senators is here.


Take Action!

Read!

Balkinization
https://balkin.blogspot.com/2016/12/introducing-congressional-clerkship.html

National Law Journal
http://www.nationallawjournal.com/id=1202773971103/Bill-Would-Create-Law-Clerkships-on-Capitol-Hill

Press Release from S. 3499 Sponsors & Congressional Clerkship Coalition,
http://www.lee.senate.gov/public/index.cfm/press-releases?ID=DBBD26D6-D6A1-47AA-97E0-0B8E05BA0C6F

The Hill, a legendary Capitol Hill publication
http://thehill.com/blogs/congress-blog/judicial/198235-judges-could-use-legislative-experience

The Ohio State Moritz College of Law Sidebar
http://moritzlaw.osu.edu/alumni-old/sidebar/article.php?ID=1015&type=story&sidebarID=99

The New York Times
http://www.nytimes.com/2013/02/25/opinion/starting-out-the-lawyers-apprentice.html?ref=letters&_r=0

Georgetown Law Alumni Magazine Res Ipsa Loquitur
http://www.pageturnpro.com/Progress-Printing/37576-GL_SpringSummer2012/index.html#42

Point of Order Blog
http://www.pointoforder.com/2011/10/15/a-congressional-clerkship-program-or-how-larry-kramer-went-back-in-time-and-stole-my-idea/

Wall Street Journal
http://blogs.wsj.com/law/2011/05/06/congressional-clerks-an-idea-whose-time-has-come/

National Law Journal - Educators: Congress Needs Law Clerks
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202493152192&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20110506nlj&kw=Educators%3A%20Congress%20needs%20law%20clerks&slreturn=1&hbxlogin=1

ABA Law Student Division - 11th Circuit Newsletter
http://www.americanbar.org/groups/law_students/about_us/circuits/11th_circuit.html

Stanford Law School News Blog
http://blogs.law.stanford.edu/newsfeed/2011/04/07/the-daniel-webster-congressional-clerkship-initiative/

Georgetown University Law Center News
http://www.law.georgetown.edu/news/web-stories/a-new-push-for-congressional.cfm

Work Studies Blog
http://workstudies.wordpress.com/2011/04/06/legislative-clerkship-conference-at-georgetown-law/

First One @ One First
http://f11f.wordpress.com/2011/03/24/legislative-tangent-day/

Georgetown Federalist Society Blog
http://georgetownfedsoc.blogspot.com/2011/03/congressional-clerkship-initiative.html