Tag Archives: Major questions

Keeping Big Cases from Making Bad Law: The Resurgent “Major Questions” Doctrine, by Nathan Richardson

by Guest Blogger — Thursday, Dec. 1, 2016

Who decides what laws passed by Congress mean in practice? As almost everyone knows, usually the courts fulfill this role, citing Marbury v. Madison – “It is emphatically the province and duty of the Judicial Department to say what the law is.” Readers of Notice and Comment are undoubtedly familiar with the large modern exception […]