WHO DETERMINES MAJORNESS?

GOVERNMENT policy; UNITED States. Congress; COURTS; DISCRETION; JUDICIAL discretion; CERTIORARI; EN banc hearings

The article analyzes the issue of who will determine majorness in the major questions doctrine involving U.S. policy. Topics discussed include the origin of the nondelegation and major questions doctrines, arguments supporting the attribution of majorness determination to the Congress or to the judiciary, and the need for textualists to exercise the grants of discretion given to courts in the certiorari and en banc processes to limit the nondelegation doctrine to major questions.