Topic
Major Questions Doctrine
Posts
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ArticleVol. 103 · Iss. 6
Tariffs and the Taxing Power: Historical Lessons for Major Questions and Nondelegation
Abstract American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the…
Conor Clarke & Ari Glogower -
ArticleVol. 103 · Iss. 6
The Origination Clause and the President’s Tariffs
Abstract The President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In…
Susan C. Morse, Shu-Yi Oei & Diane M. Ring -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
ArticleVol. 100 · Iss. 6
The Judicial Assault on the Administrative State
Introduction The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself.…
Joel Seligman