This is the Cato Daily Podcast for Wednesday, November 22nd,

2023. I'm Caleb Brown. The regulatory state's authority as

massive as it may be is delegated. It's true for the feds, it's true for the feds it's true for the states as well at the state

level the incentives for administrative agencies are substantially similar

and the solution to the problem of executive agency overreach is also largely the same.

Lawmakers need to be on the hook for more regulatory decisions.

Jolupino Esposito of the Pacific Legal Foundation discusses how state legislatures might better handle regulation.

Can you give me a sense of the differences and similarities between regulation and how it's conducted at the federal level versus states?

Well, at both the federal and state level, agencies act in similar manners. If it's done properly, the legislature delegates

some level of authority to agencies to do what should be really only minor

details of figuring out how to enact the laws. But of course the problem is is that either legislatures aren't

careful or a combination along with the agencies overreaching is that they

extend beyond what they are really permitted to do.

And that's really no different at the state or federal level.

Okay, so we are aware of legislation and past and present and pending. that would sort of begin the process of from Congress and not the courts,

rein in a lot of administrative agencies or at least give further consideration to the plans that they would like to roll out.

What is comparable at the state level or what exists at the state level to keep administrative agencies from running amok.

Yeah, well I'll take your cue there. I'll mention the Raines Act obviously is one of the pieces at the federal level where essentially the

legislation that's now gotten through the House this year says that if certain

regulations over a dollar amount which is a $100,000 of effect on, excuse

$100 million effect on the economy, then it would be brought before Congress rather

than having Congress reverse it after it's already been enacted in the same way that the

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