The intelligible principle standard lives to see another day—but for how long remains unclear.
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
Does Congress delegate its authority to gain credibility with the public?
A New Deal-era proposal would produce more effective, less burdensome regulation.
Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.
Legal scholar argues that delegation poses a threat to the separation of powers.
A state built to prevent all abuses of power would perform poorly.