
The conversation covers the implications of West Virginia v. EPA, which checked the administrative state's power to make rules and regulations without more explicit Congressional authorization. Ethan and Todd discuss the premise and history of the administrative state, its role today, and why limits on its power matter. Furthermore, Todd explains the legal constraints placed on the administrative state due to the decision and how they tie into a broader conversation about non-delegation, Chevron Deference, and the balance of federal power. Finally, Todd and Ethan discuss how the structural incentives before and after West Virginia v. EPA affect the way our democratic system of government functions.
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