Name: What Counts as an Intelligible Principle?
Uploaded: 2025-12-30T00:59:36.000Z
Duration: 834
Description: After 1935, the Supreme Court mostly gave up enforcing the Nondelegation Doctrine — but it didn’t give agencies unlimited power. In this episode, Gwen and Marc...

After 1935, the Supreme Court mostly gave up enforcing the Nondelegation Doctrine — but it didn’t give agencies unlimited power. In this episode, Gwen and Marc use relatable examples — a micromanaging homeowners association and an overzealous parks director — to explain how an “intelligible principle” keeps delegation from turning into dictatorship. From HOA lawn rules to broadband speeds, they show how Congress can give agencies discretion without letting them run wild.

They walk through real-world statutes that rely on this idea — from OSHA’s “reasonably necessary and appropriate” safety rules to the FCC’s “public interest, convenience and necessity” standard — and discuss how courts review those limits. The conversation ranges from the Benzene case and generic-drug bioequivalence to broadband definitions that evolve as technology changes.

Key Concepts: Intelligible Principle | Delegation Boundaries | OSHA | FCC | SEC | Benzene Case | Generic Drugs | Agency Flexibility Examples: HOA analogy | Youth sports director analogy | EPA air-quality standards | FDA bioequivalence | FCC broadband speed

Takeaway: Delegation is inevitable — but guardrails matter. An intelligible principle ensures expertise can flourish without collapsing into favoritism or tyranny.

🎧 Listen on Spotify (https://open.spotify.com/show/2NBW38yGfFvvgVUj6r6jLM?si=109b53ec7fbd44ae) | Apple Podcasts (https://podcasts.apple.com/us/podcast/administrative-remedies/id1850066965) | remediespodcast.com (http://remediespodcast.com)