99% Invisible: Constitution Breakdown #2 – Rep. Sharice Davids

Podcast: 99% Invisible
Host: Roman Mars
Episode: Constitution Breakdown #2: Rep. Sharice Davids
Date: September 27, 2025

Episode Overview

This episode of 99% Invisible continues its in-depth exploration of the U.S. Constitution by focusing on Article 1, the foundation of the legislative branch. Roman Mars and co-host Elizabeth Chapp are joined by Representative Sharice Davids of Kansas’ 3rd District, a trailblazer as one of the first two Native American women in Congress. The core discussion revolves around the practicalities, challenges, and evolving significance of Article 1 from the perspective of a sitting House member, and delves into how legislative design, procedure, and power shape American law and governance. In the second half, a detailed segment on the history and constitutionality of tariffs, presidential emergency powers, and the "major questions" doctrine uncovers how Congressional and executive powers clash and intertwine in current events.

Key Discussion Points & Insights

1. Article 1: The Basics and its Contemporary Relevance

[03:03]

• Article 1 vests all federal legislative powers in Congress, split into the House and Senate.
• Congress' powers are "broad but specific," including taxing, spending, and regulating interstate commerce.
• Elizabeth Chapp: “The purpose of Article 1 is both to recognize the enormous power of Congress, but at the same time to reflect the concerns of the founders that there be clear limits on what a national legislative body can do.” [04:34]

2. Rep. Sharice Davids: Personal & Professional Relationship to Article 1

[05:12]

• Her background in federal Indian law means Article 1 has always been salient, particularly the Indian Commerce Clause.
• The meaning of Article 1 changed after being elected, blending personal identity as a Native American and the responsibility of representing 700,000+ people.
• Sharice Davids: “I’m the person who has to be most responsible in all of the Kansas Third for making sure that I’m adhering to the things that are in the Constitution.” [08:15]

3. Misconceptions & Realities of Lawmaking in Congress

[08:28]

• The Constitution lacks detail about the real legislative process—no mention of committees, for example.
• Reality: president does NOT “pass” laws; it’s Congress’ role.
• The negotiation, reconciliation between House and Senate, and committee stages are laborious and crucial.
• Rep. Davids: “There’s a lot more steps than most people probably imagine…The president doesn’t write the legislation, the Congress does.” [09:52]

4. How New Members Learn Congressional Procedure

[10:41]

• Multiple orientations exist, notably from the Congressional Research Service.
• Much is learned on the job, especially for those coming in via special election.
• Informal learning is essential: “A lot of it was really looking around and seeing who are the more senior members that are doing the things that I’m interested in.” [14:36]
• Her own process involved seeking out party leaders and committee specialists.

5. Importance of Procedures and Institutional Knowledge

[16:46]

• Mastery of procedure is critical to legislative efficacy.
• Committees govern substantive jurisdiction—knowing the internal “rules of the road” unlocks influence.
• Rep. Davids: “Every single vote that a member of Congress takes is important. Whether it’s a procedural vote...it matters because that’s literally the people’s voice being heard or not in D.C.” [22:36]

6. Short Terms and the “People’s House”

[26:16]

• House’s two-year terms aim to ensure accountability but present challenges for long-term legislation, especially on issues like infrastructure.
• Exclusive requirement: no House vacancies filled by appointment, only election—makes it the “closest to the people.”
• Rep. Davids: “You cannot get into the House of Representatives without going through an election...there is something special about that.” [27:43]
• Ongoing debate: Should terms be longer due to increased complexity of legislation and perpetual campaigning?

7. Inefficiency by Design?

[36:12]

• Article 1 is not built for legislative speed; long processes are an intentional check, though “messiness of human negotiation” is a factor, too.
• Rep. Davids: “It’s not built for efficiency, but I’m not sure inefficiency is caused by the constraints of the Constitution so much as the messiness of human negotiation.” [36:15]

8. Checks, Balances, and Impeachment

[37:01]

• Impeachment’s prominence in Article 1 shows the framers’ emphasis on checking power.
• Impeachment is rare and grave; recent frequency makes its use feel more routine than intended.
• Rep. Davids: “It’s a tool of last resort in my opinion, you know, because, you know, democracy doesn’t mean that you agree with the outcome of all the elections.” [41:05]

9. Article 1’s Exclusion and Evolving Inclusivity

[41:55]

• Discussion of Article 1’s exclusion of Native Americans from census/repr. for the House; the ongoing “work in progress” of American democracy.
• Rep. Davids: “105 years ago, I wouldn’t have been even considered an American. And now I’m in Congress and all I can do is make sure to do as much with the time and the place that we’re at right now as I can.” [45:27]

Notable Quotes

• Roman Mars: “Your employee manual was written on stretched animal skin 250 years ago.” [05:21]
• Sharice Davids: “Every time I put my card in the reader to vote, I’m doing that on behalf of over 700,000 people...” [22:11]
• Elizabeth Chapp: “The key to getting things done in the House is being a procedure nerd, that you can’t get things done without knowing procedures intimately.” [23:32]
• Rep. Davids: “If I ever think that what I’m doing feels like something that’s just kind of, like, perfunctory or whatever, then it’s probably time to start looking at other stuff...” [20:43]
• Roman Mars, re: Congressional checks: “The fights over Article 1 seem to be the fights of our age.” [77:42]

Timestamps for Key Segments

• Opening—Intro to Article 1, Rep. Davids’ bio: [01:32–03:03]
• Explanation of Article 1: [03:03–05:12]
• Rep. Davids on personal meaning of Constitution: [05:12–08:28]
• Misconceptions about lawmaking: [08:28–10:41]
• Orientation and learning process in Congress: [10:41–14:36]
• How to gain informal knowledge; role of staff and committees: [14:36–20:01]
• Procedural nerds and why that matters: [23:32–26:16]
• Term limits; accountability of the House: [26:16–29:50]
• Efficiency vs deliberation in Congress: [36:12–37:01]
• Impeachment power in Article 1: [37:01–41:05]
• Article 1 exclusion of Native Americans, evolution of inclusivity: [41:55–45:27]
• Closing with thanks to Rep. Davids: [45:48]

Constitutional Law Illustrated: Tariffs, Emergencies, and Presidential vs. Congressional Power

History and Power of Tariffs in the U.S.

[48:51–56:23]

• Tariffs were historically a primary source of federal revenue.
• Article 1 specifically vests tariff power in Congress.

Emergence of Presidential Tariff Powers

[56:23–61:35]

• Over time, Congress delegated emergency and regulatory powers regarding tariffs to the President (notably via the Trading with the Enemy Act and International Emergency Economic Powers Act—IEEPA).
• Ambiguities and broad definitions of “emergency” have steadily increased presidential authority.

The “Major Questions” Doctrine and Today’s Legal Battles

[67:21–71:54]

• Recent Supreme Court doctrine: If exercising enormous new power, Congress must grant it explicitly (“major questions” doctrine).
• Biden’s student loan forgiveness blocked on these grounds; Trump’s sweeping tariffs now face similar judicial scrutiny.

What’s at Stake

[64:27–76:39]

• Supreme Court must now decide whether the President can use IEEPA to impose worldwide tariffs absent clear Congressional authorization.
• Broader concern: Has Congress given the President too much power to declare “emergencies” and legislate unilaterally?
• Parallels to Supreme Court’s stance on the separation of powers; can, and will, the Court act as a consistent check on presidential expansion?

Memorable Moments/Quotes

• Elizabeth Chapp (on Congress delegating power): “Congress realizes... we can’t really deal with all these things efficiently. But there’s one person who can act quickly, and that’s the president. So we’ll give him some of our power, and it turns out to have all of these unintended consequences.” [78:19]
• Roman Mars: “The fights over Article 1 seem to be the fights of our age.” [77:42]

Final Thoughts

This episode weaves together constitutional design, lived experience, and modern legal conflict. Sharice Davids’ insights ground the otherwise abstract principles of Article 1 in the realities of service, procedure, and representation. The latter half’s deep dive into tariffs and emergency powers illustrates why the separation of powers, ambiguity in legislation, and Supreme Court doctrine remain so relevant to democracy and government today.

Next month: The breakdown series continues with Senator Elizabeth Warren on Article 1.