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172 U. Pa. L. Rev. 1743 (2023-2024)
Foreign Affairs, Nondelegation, and the Major Questions Doctrine

handle is hein.journals/pnlr172 and id is 1771 raw text is: UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2024 University of Pennsylvania Law Review VOL. 172 JUNE 2024 NO. 7 ARTICLE FOREIGN AFFAIRS, NONDELEGATION, AND THE MAJOR QUESTIONS DOCTRINE CURTIS BRADLEYt & JACK GOLDSMITHtt Some of the Supreme Court Justices and scholars who support a reinvigoration of the nondelegation doctrine would allow for an exception for grants of authority relating to foreign afairs. Others have criticized such an exception as unprincipled or t Allen M. Singer Professor, University of Chicago Law School. tt Learned Hand Professor, Harvard Law School. For helpful comments and suggestions, we thank Elena Chachko, Blake Emerson, Jean Galbraith, Gavan Gideon, Marty Lederman, Leah Litman, Josh Macey, Henry Monaghan, Nicholas Parrillo, Sai Prakash, Mike Ramsey, Shalev Roisman, Cass Sunstein, Adrian Vermeule, Matt Waxman, and Ilan Wurman. For excellent research assistance, we thank Nate Bartholomew, John Czubek, Matthew Gluck, and Maya Sharp. We each taught seminars on the subject of this Article at our respective law schools in the fall of 2023, and we thank our students for their insightful reflections. (1743)

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