ABSTRACT

Major Questions Doctrine [April 6, 2022]   [open pdf - 630KB]

From the Document: "Congress frequently delegates authority to agencies to regulate particular aspects of society, in general or broad terms. However, in a number of decisions, the Supreme Court has declared that if an agency seeks to decide an issue of major national significance, its action must be supported by 'clear' statutory authorization. Courts, commentators, and individual Supreme Court Justices have referred to this doctrine as the 'major questions doctrine' (or major rules doctrine), although the Court has never used that term in a majority opinion. This In Focus provides an overview of the major questions doctrine. It discusses the doctrine's framework, provides examples of its application, explores recent Supreme Court developments, and offers considerations for Congress in crafting legislation against the backdrop of the doctrine."

Report Number:
CRS In Focus, IF12077
Author:
Publisher:
Date:
2022-04-06
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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