Sherman Act

Is Antitrust Unconstitutional?

A political cartoon demonstrating Uncle Sam shining a flashlight at a a man dressed as a king with a crown that reads "TRUSTS" snooping around in locked books.

It violates the “Major Questions Doctrine” — which reveals the doctrine’s bankruptcy

Last week, I argued that the Unitary Executive Theory does not really exist: it is simply a way for the Supremes to impose their policy preferences, to be discarded if inconvenient. In this week’s episode, we can look at the “Major Questions Doctrine,” which purportedly holds that agencies must point to “clear congressional authorization” for …

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