Sherman Act

Is Antitrust Unconstitutional?

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 …

CONTINUE READING

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING