dennisbmurphy
1 min readSep 11, 2023

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Conservatives are using several made-up doctrines to push back on a liberalizing nation. Aside from originalism, there is:

-the major questions doctrine- whereby the court says something is a major question so an agency can't do anything (like regulate pollution) unless Congress specifically legislates it. but who is the court to decide what is a major question?

-the independent state legislature doctrine which holds state legislatures can pretty much do what they want. The ONLY reason the Roberts court didn't uphold this one is it would make courts subservient to the legislature- pure self interest

-non-delegation doctrine holds that the legislature cannot hand over (delegate ) power or authority to another branch- this, like the major questions doctrine, is used to undermine the regulatory state by claiming that Congress can't just hand the EPA, for example, the law of "regulate the environment" and let the EPA determine the best means to do so.

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dennisbmurphy
dennisbmurphy

Written by dennisbmurphy

Cyclist, runner. Backpacking, kayaking. .Enjoy travel, love reading history. Congressional candidate in 2016. Anti-facist. Home chef. BMuEd. Quality Engineer

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