Major Questions Doctrine
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Administrative Law · Lesson 14
Major Questions Doctrine
這一課問的是：機關行為是否涉及須明確國會授權之重大問題？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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major questions doctrine
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Agencies need clear congressional authorization for matters of vast economic and political significance.
重大問題原則。
West Virginia v. EPA
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2022 case formalizing doctrine for Clean Power Plan.
West Virginia v. EPA。
clear statement
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Required congressional authorization.
明確陳述。
vast economic
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Significant economic impact.
巨大經濟。
political significance
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Significant political/policy stakes.
重大政治。
Rule Sentence · the workhorse
Under the major questions doctrine, agencies must point to clear congressional authorization before taking action of vast economic and political significance; ambiguous statutory authority is insufficient for such transformative actions.
Mini IRAC · build the Application
Issue. Does EPA's broad emissions regulation that effectively restructures the electricity sector require clear congressional authorization under the major questions doctrine?
Rule. Under the major questions doctrine, agencies need clear congressional authorization for actions of vast economic and political significance.
Application (model). EPA's regulation effectively restructures the electricity sector — clearly major economic and political significance. Because the major questions doctrine requires clear congressional authorization for such transformative action, the fact that the regulation has vast economic impact and addresses politically significant questions about energy policy means EPA must point to clear statutory authority.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, EPA's regulation requires clear congressional authorization; ambiguous statutory authority is insufficient.
Practice Drill · tap to build the rule
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