On Thursday, October 13, 2022, Chad Squitieri, assistant professor of law and fellow for Catholic Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition, appeared in a CBN News segment discussing originalism and the major questions doctrine. Professor Squitieri’s scholarship focuses on administrative law and constitutional interpretation. The segment specifically discusses how major questions doctrine was applied in West Virginia v. EPA and what it means for the administrative state and the separation of powers which is paramount to America’s Constitution.
CBN News
Date: October 13, 2022
By: Jennifer Wishon
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"The Major Questions Doctrine which was applied in West Virginia v EPA is sort of, I like to say, scratching at the non-delegation itch. It's not the full-fledged non-delegation doctrine, but I think it's something of a halfway measure and I think these types of questions – looking at different ways courts may police how Congress delegates authority to the agencies – is going to be a recurring theme in the years to come," he told CBN News.
"I think it's because the current court is more prepared than courts in the past to enforce the original understanding of the Constitution – what we would call the original public meaning of the Constitution, particularly the separation of powers and federalism," he continues.
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For the full segment, click here. Chad Squitieri’s remarks begin at the 5:21 time mark.