Justice Gorsuch’s Take on the Major Questions Doctrine
The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.
The Tariff Case—A Lost Opportunity (exclusive analysis for II)
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
The Constitution and the Trump Tariffs
The President reads Congress’s delegation of authority correctly, but Congress’s delegation goes beyond that permitted in the Constitution.
