Can a conservative Supreme Court majority restrain the administrative state?
Core argument: The Supreme Court holds a conservative majority for the first time since 1936, which the author argues positions it to restrain government overreach by interpreting the Constitution as originally intended.
In 2019, the Supreme Court, with a conservative majority for the first time since 1936, has the potential to significantly restrain government overreach by adhering to originalism. This approach emphasizes interpreting the Constitution as it was originally intended, which could lead to a reduction in the administrative state's power. The federal government has expanded with numerous agencies issuing regulations without congressional approval, undermining the separation of powers. The court can address this by reviving the nondelegation doctrine, ending judicial deference to agency interpretations, and ensuring executive power remains vested in the president. These actions could restore constitutional balance and limit unchecked governmental authority, impacting economic policy and regulatory environments.






Ed Comment:I thought the most interesting paragraph was:Shale companies have attracted huge amounts of capital from Wall Street over the past decade. So far, investors have largely lost money. Since 2008, an index of U.S. oil-and-gas companies has fallen 43%, while the S&P 500 index has more than doubled in that time, including dividends. The 29 companies in the Journal’s analysis have spent $112 billion more in cash than they generated from operations in the last 10 years, according to data from FactSet, a financial-information firm. I think that reflects the economics of innovation more broadly. Specifically I think this says the US will produce less energy in the future because current production levels were built from unsustainable economics and production drys up quickly without a lot of investment.