Advisory Opinions Everyone Needs to Stay in Their Lane
14 snips
Nov 13, 2025 A compelling discussion unfolds around the nondelegation doctrine and Congress's authority to delegate. The legal implications of Dave Portnoy’s recent confrontation are examined alongside the troubling nuances of the disturbing the peace statute. There's a spotlight on notable Supreme Court cases, including the potential reevaluation of tribal plenary power. Additionally, the rights of service members in military strikes are analyzed, alongside proposed reforms for heightened accountability of federal officers. Expect engaging legal insights and contemporary relevance throughout.
AI Snips
Chapters
Books
Transcript
Episode notes
The Pheasant Case Facts
- Gregory Pheasant allegedly spun a motorcycle wheel, threw rocks, and sped away from BLM rangers at night.
- He was charged under FLPMA regulations criminalizing off-road driving at night without taillights.
Gundy Shows Nondelegation Is Slow To Move
- Gundy v. United States showed the Supreme Court remains reluctant to overturn the intelligible principle test.
- The decision split along ideological lines reflecting differing comfort with executive delegation.
Different Views On Delegation Control
- Judicial liberals permit broader delegations but constrain executive structure; conservatives prefer Congress to legislate directly.
- Unitary-executive and nondelegation theories must align to fully check executive power.
