Public Participation

The Academy has performed an excellent job on publicizing the shortcomings inherent in  the Major Questions Doctrine; the web is replete with scholarly articles on its shortcomings.  However the record is short on solutions to the problem. To date the solution provided by the Academy is based upon applying the Congressional Review Act to the MQD.  The problem is that this solution requires the enactment of two major pieces of legislation:  (1) enactment of legislation expanding the jurisdiction of the CRA, and (2) the passage of legislation applying the revised CRA to the MQD.