Sherman's March (In)to the Sea
This Article argues that the Sherman Act is unconstitutional. At the very least, scholars and jurists must not take for granted Congress's ability to statutorily deputize the federal courts with common-lawmaking powers. The federal antitrust statute—which has been described as the Magna Carta of free enterprise—raises serious constitutional questions that have heretofore gone unexplored and unanswered. Specifically, it is difficult (if not impossible) to reconcile the Sherman Act with the separation of powers, the nondelegation doctrine, and the Supremacy Clause.
Administrative Law | Antitrust and Trade Regulation | Constitutional Law | Courts
Date of this Version
Andrew S. Oldham, "Sherman's March (In)to the Sea" (August 17, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1563.