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One of modern American government’s most notable features has been the relentless growth of the administrative state. The massive discretion the now discredited doctrine of Chevron v. NRDC (1984) gave to administrative agencies largely fueled that growth. Testing link types updates below. Updating item now again
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.
Trump’s Tariff Tantrum
Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.
The Administrative State’s Sludge
Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.
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