The Supreme Court in several recent cases has explicitly applied what it refers to as the “major questions doctrine” (MQD) when construing the meaning of federal statutes. Under the Doctrine, in “extraordinary” cases the Court will not accept a federal agency’s claim that Congress has authorized the agency to make “major policy decisions” with vast…

[The following is an abridged transcript of a speech given by Thomas Dupree on July 13, 2023, during the Hamburger-Frankfurter Debate at the New Civil Liberties Alliance. Mr. Dupree was assigned the ‘Chevron must be overturned!’ side of the debate.] In Marbury v. Madison, Chief Justice John Marshall famously stated that “[i]t is emphatically the province…

 Are social media platforms truly “social?” Twitter’s mission statement reads, “To give everyone power to create and share ideas and information instantly, without barriers.” Facebook’s mission statement includes, “the power to build community and bring the world closer together.” If these platforms were intentionally designed with missions to build a more cohesive community through the free flow…

When Senator Marco Rubio quipped during a 2016 rally held in Salem, Virginia, that former President Donald Trump had “small hands” and suggested, “you know what they say about people with small hands,” very few Americans thought this interaction would make or break the democracy they have come to cherish. Yet these words, echoed in…

Not all constitutional violations invite the same degree of condemnation from the bench. Some cases have the benefit not only of a sympathetic party and fact pattern but of an emotionally appealing constitutional issue, which the justices of the Supreme Court are eager to address. Other cases, by contrast, raise issues that are no less…

While sometimes portrayed as merely a threat to big business, the true victims of the Administrative State are small to medium-sized businesses. NCLA’s cases, Polyweave Packaging v. DOT and gH Package Product Testing and Consulting v. DOT, are each case studies of such practices, which demonstrate the material effects of agencies’ unconstitutional procedures on hardworking Americans. Small businesses…