Discretionary Appropriations, Reconciliation, and CBP/ICE funding, with Kevin McNellis
I had the pleasure of speaking with budget expert Kevin McNellis (https://www.kevinmcnellis.com/) this week. He has been doing outstanding work tracking the policy and political dynamics of the rapidly changing budget and appropriations process. We talk about the rise of discretionary spending in reconciliation bills, associated problems of congressional oversight, and the role of the Byrd rule in the current funding politics for CBP, ICE, and the Trump ballroom. A full transcript is available.
Some of Kevin’s writing that we mention in the conversation:
How Has Funding for Federal Agencies Changed Over the Last Decade? (https://www.kevinmcnellis.com/posts/discretionary_topline/) 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 (https://www.justsecurity.org/129908/congress-enforce-army-clause/) 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 (https://fivepoints.mattglassman.net/p/the-dawn-of-partisan-appropriations) also comes up.
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit fivepoints.mattglassman.net (https://fivepoints.mattglassman.net?utm_medium=podcast&utm_campaign=CTA_1)
15 Apr 2026
Expulsion in the House
In this episode, I discuss expulsion in the House. The authorities, the procedures, and two analytic questions: does the House do enough disciplining of Members? And why do Members resign in politics, even in cases where fighting would probably allow them to survive and beat an expulsion?
Some links to things that are discussed:
Swalwell's formal resignation (https://www.congress.gov/congressional-record/volume-172/issue-65/house-section/article/H2844-1)
Gonzales's formal resignation (https://www.congress.gov/congressional-record/volume-172/issue-65/house-section/article/H2843-10)
List of expelled Members, House (https://history.house.gov/Institution/Discipline/Expulsion-Censure-Reprimand/) and Senate (https://www.senate.gov/about/powers-procedures/expulsion.htm)
Josh Chafetz's Congress's Constitution (https://www.amazon.com/Congresss-Constitution-Legislative-Authority-Separation/dp/0300197101)
Trafficant's Ethics report (https://www.congress.gov/committee-report/107th-congress/house-report/594) and resolution (https://www.congress.gov/bill/107th-congress/house-resolution/495)
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit fivepoints.mattglassman.net (https://fivepoints.mattglassman.net?utm_medium=podcast&utm_campaign=CTA_1)
13 Mar 2026
Talking Congress with Philip Wallach
Philip Wallach (https://www.aei.org/profile/philip-wallach/), Senior Fellow at AEI and all-around super smart Congress guy, like to take walks together and talk about all things legislative politics. Today, we did it on camera instead. Topics we discuss include: Iran, IEEPA, Appropriations, Secret Congress, and the Talking Filibuster.
Here are some links to thinks we mention:
Philip on the IEEPA decision (https://fusionaier.org/2026/a-majority-for-the-rule-of-law/).
Philip on the better-than-expected appropriations (https://www.aei.org/op-eds/two-cheers-for-a-semi-normal-appropriations-process/) process.
Philip’s book, Why Congress? (https://www.amazon.com/Why-Congress-Philip-Wallach/dp/0197657877) and a short-form version of the argument, Congress Indispensable (https://www.nationalaffairs.com/publications/detail/congress-indispensable).
Kevin Kosar on Secret Congress (https://www.nytimes.com/2026/02/27/opinion/congress-trump-secret-toxic.html).
Kevin McNellis on discretionary appropriations in reconciliation bills (https://www.kevinmcnellis.com/posts/discretionary_topline/).
Me on the Talking Filibuster (https://x.com/MattGlassman312/status/2032125425518800929?s=20).
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit fivepoints.mattglassman.net (https://fivepoints.mattglassman.net?utm_medium=podcast&utm_campaign=CTA_1)
4 Feb 2026
Talking Filibuster Explainer
I’ve been toying with the idea of doing some video on my Substack, and when the “talking filibuster” became all the rage this week, I figured that was square enough in my wheelhouse that I’d give it a shot. Much of this is based on a blog post (https://blog.mattglassman.net/the-talking-filibuster/) and a Twitter thread (https://x.com/MattGlassman312/status/2018768892668088626?s=20) I did earlier this week.
Here are the show notes and helpful links:
What’s going on in Congress
The text (https://www.congress.gov/bill/119th-congress/house-bill/22/text) of the SAVE Act.
Rep. Luna’s twitter feed (https://x.com/realannapaulina).
Senator Lee’s twitter feed (https://x.com/BasedMikeLee).
A breakdown of the rule vote (https://misofact.substack.com/p/anatomy-of-a-vote) on the CR.
Majority Leader Thune’s cool reaction (https://x.com/nicksortor/status/2018782799621165195?s=20) to the talking filibuster.
Big Picture Takeaways
The Senate standing rules (https://www.rules.senate.gov/rules-of-the-senate).
The procedural history (https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Passage_in_the_Senate) of the 1964 Civil Rights Act.
Senate Procedural Basics
The Senate standing rules (https://www.rules.senate.gov/rules-of-the-senate).
The Rules of the House of Representatives (https://rules.house.gov/sites/evo-subsites/rules.house.gov/files/documents/houserules119thupdated.pdf).
Roberts’ Rules of Order (https://robertsrules.com/).
Senate Rule XIX (https://en.wikipedia.org/wiki/Standing_Rules_of_the_United_States_Senate,_Rule_XIX).
The @ringwiss (https://x.com/ringwiss) twitter account.
Why the Talking Filibuster isn’t used
James Wallner’s approach to the talking filibuster (https://www.legislativeprocedure.com/blog/2022/1/18/a-talking-filibuster-strategy).
Other Ways of Ending Debate
CRS overview of Senate filibusters and cloture (https://www.congress.gov/crs-product/RL30360).
Contemporary Senate problems
My old blog post (https://fivepoints.mattglassman.net/p/filibusters-and-cloture?utm_source=publication-search) on filibusters and cloture and why it’s hard to count them.
Changes that could be made
Molly Reynolds (https://x.com/mollyereynolds) and her great book (https://www.brookings.edu/books/exceptions-to-the-rule/).
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit fivepoints.mattglassman.net (https://fivepoints.mattglassman.net?utm_medium=podcast&utm_campaign=CTA_1)
7 Feb 2025
How to think about executives and legislatures
Matt Glassman explores historical events, from the English Civil War to modern political controversies within the Trump administration, to understand executive agencies.
24 Jan 2025
Trump's first week, with Philip Wallach and Jonathan Bernstein
Political analysts Philip Wallach and Jonathan Bernstein join Matt Glassman to analyze Donald Trump's first week, exploring the potential unmooring of the presidency and its implications for the separation of powers in this interview.
6 Oct 2019
Five Points Episode 3 – Nominations Politics
Matt Glassman analyzes the congressional politics surrounding court vacancies and confirmation procedures, focusing on the dynamics when a justice has 50 votes.
27 Sept 2019
Five Points About Impeachment
Matt Glassman examines the constitutional ambiguities and political dynamics surrounding impeachment proceedings, referencing expert analyses and reports to clarify the process.
6 Sept 2019
Five Points Podcast: Episode #1
Matt Glassman analyzes the congressional agenda of the 116th Congress, highlighting accomplishments and future expectations leading up to the 2020 elections.
1 Sept 2019
Five Points Podcast: Episode Zero
Matt Glassman introduces his new podcast, which will offer brief, informed perspectives on the connection between political science and current political events.
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