99: Power
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Joe is at the airport for a special pre-roll segment. Then we say hello to Lisa Heinzerling, administrative law expert (5:23). After a substantive and goofy discussion of legislation and regulation courses (6:29), we discuss the development of what Lisa calls “the power canons” resulting from recent decisions of the Supreme Court (10:39). If you’re Congress, how do you write a statute meant to solve problems that might evolve in type or degree? Do you have the power to do so, or are you limited to speaking to the here and now? Does the Supreme Court have the power to limit legislative and regulatory power in this way? This show’s links: Lisa Heinzerling’s faculty profile (including links to all her scholarship) Lisa Heinzerling and Mark Tushnet, The Regulatory and Administrative State (a legislation and regulation casebook) Lisa Heinzerling, The Power Canons Oral Argument 23: Rex Sunstein? (guest Ethan Leib) City of Arlington v. FCC (C.J. Roberts in dissent: “It would be a bit much to describe the result as…