Chapter
The Non-Delegation Doctrine and Its Potential Impact on Government Regulation
13:33 - 22:43 (09:10)
This podcast discusses the non-delegation doctrine and its potential impact on government regulation, particularly in light of a recent case challenging the authority of an administrative agency. It explores the concept of an intelligible principle and the current approach of conservative judges to this issue.
Clips
The recent Supreme Court decision in a routine SEC case has called into question the government's ability to regulate basic consumer protection rules and potentially all regulations on clean air, clean water, food, and more.
13:33 - 16:59 (03:25)
Summary
The recent Supreme Court decision in a routine SEC case has called into question the government's ability to regulate basic consumer protection rules and potentially all regulations on clean air, clean water, food, and more.
ChapterThe Non-Delegation Doctrine and Its Potential Impact on Government Regulation
EpisodeThe SEC Was in Trouble. Now They’re Screwed.
PodcastThe Problem With Jon Stewart
The Securities and Exchange Commission has a lot of power over the industry.
16:59 - 19:43 (02:44)
Summary
The Securities and Exchange Commission has a lot of power over the industry.
ChapterThe Non-Delegation Doctrine and Its Potential Impact on Government Regulation
EpisodeThe SEC Was in Trouble. Now They’re Screwed.
PodcastThe Problem With Jon Stewart
The Non-Delegation Doctrine states that delegations from Congress to executive agencies are permissible only if there is an intelligible principle to guide its use.
19:43 - 21:21 (01:38)
Summary
The Non-Delegation Doctrine states that delegations from Congress to executive agencies are permissible only if there is an intelligible principle to guide its use. However, with more conservative judges, the intelligible principle has to be specific and particular, which can pose a challenge for agencies.
ChapterThe Non-Delegation Doctrine and Its Potential Impact on Government Regulation
EpisodeThe SEC Was in Trouble. Now They’re Screwed.
PodcastThe Problem With Jon Stewart
The Supreme Court's decision on the non-delegation doctrine and the SEC was not necessarily declaring the SEC unconstitutional, but rather found fault with the way it enforced securities laws.
21:21 - 22:43 (01:22)
Summary
The Supreme Court's decision on the non-delegation doctrine and the SEC was not necessarily declaring the SEC unconstitutional, but rather found fault with the way it enforced securities laws. The court found that giving SEC enforcers the discretion to initiate an administrative action or file a suit in federal court violated the doctrine.