Constructing a Separation of Powers: The Major Questions Doctrine as a Revival of Formalism

This thesis critically examines the fate of administrative governance, focusing on the Supreme Court's jurisprudence on legislative delegation to the executive branch. The strengthening Major Questions Doctrine (MQD) inspires this examination, a recent legal principle that negates delegations of economically or politically significant regulatory power when Congress does not speak clearly enough to satisfy the Court. The MQD exemplifies the tension between rigid adherence to the separation of powers and the practical governance demands of an ever-changing society.