The Supreme Court, Separation of Powers and the Path to the Major Questions Doctrine

• In Event: Legal Development

Brief Overview

In this paper, we conduct a qualitative, descriptive case study to illustrate the path dependent forces of law that came from Supreme Court cases (Chadha, Bowsher and Clinton) and the impact they had on the creation of the major questions doctrine.

Authors

• Christopher Brough, University of Dayton

• J. Mitchell Pickerill, Northern Illinois University