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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.
09:36

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Quick takeaways

  • The major questions doctrine limits executive discretion, emphasizing the need for legislative clarity in significant policy decisions at the state level.
  • State legislative guidelines on major policy issues can influence federal judicial perceptions and lead to greater alignment with the U.S. Supreme Court's doctrines.

Deep dives

State Delegation of Authority

State lawmakers often engage in significant delegations of authority to state agencies, raising concerns about accountability and compliance with constitutional standards. A prominent case illustrating this issue is Roberts v. State from Arizona, where corrections officers argued that their time spent in security screenings should be considered compensable overtime. The Arizona Supreme Court determined that the issue was a major policy question that required clear legislative guidance rather than being left to administrative discretion, highlighting the vital role of the legislature in significant matters. This case underscores the implications of delegating critical decision-making power away from elected representatives, as such actions can have substantial impacts on state budgets and the welfare of employees.

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