Cato Daily Podcast What Policy Questions Are Too Big for State Executive Agencies?
Dec 18, 2024
Adi Dynar, an attorney at the Pacific Legal Foundation, dives into the complexities of delegating authority within state executive agencies. He unpacks the major questions doctrine from the Supreme Court and its implications for state-level governance. Dynar discusses a riveting Arizona case concerning corrections officer compensation, illustrating the conflict between legislative power and agency control. He also analyzes how state decisions intertwine with federal governance, shedding light on the constitutional rights at play and the challenges posed by relinquishing legislative authority.
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State Major Questions Doctrine
- The West Virginia v. EPA case doesn't bind states on major questions.
- State constitutions, with their separation of powers clauses, are the basis for major questions doctrines at the state level.
Arizona Corrections Officers Case
- Arizona corrections officers sued over compensable time spent in security screenings.
- The Arizona Supreme Court ruled this was a major policy question for the legislature, not the Department of Administration.
Broad Delegation in Poultry Regulation
- State legislatures sometimes delegate broad authority, like in poultry regulation.
- Arizona's Department of Agriculture made rules impacting producers, retailers, and consumers under a broad 'poultry husbandry' delegation.