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Is it unconstitutional for the President to implement major new policies by regulation?

Dan Farber, professor of law | February 3, 2014

The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law.  But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives.  The only real restriction … Continue reading »