About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



48 Harv. J. L. & Pub. Pol'y i (2025-2026)

handle is hein.journals/hjlpp48 and id is 1 raw text is: 












INTRODUCTION


  We  are pleased to present the first issue of Volume 48 of the
Harvard Journal of Law & Public Policy. This issue includes works that
cut to the heart of the philosophy and original intent of the Framers,
and a rigorous debate over the federal system that they authored.
  In early 2024, the Harvard chapter of the Federalist Society was
pleased to host the annual National Student Symposium  for the
Federalist Society. The theme of the event was Why Separate Pow-
ers?, and speakers and panelists offered an incredible breadth of
justifications (and critiques) for our fundamental constitutional un-
derstanding. Beyond being a triumph for the chapter and an excel-
lent event, it has also produced a set of incisive essays on the subject
of separation of powers that we are pleased to publish in the pages
of this issue.
  First, Professor Ernest Young offers an analysis of the critical role
states continue to play in the separation of powers, as well as the
impact that the New Deal had (and continues to have) on coopera-
tive federalism. Moving to the Supreme Court's most recent term,
Professor Jennifer Mascott and Eli Nachmany (the former Editor-
in-Chief of this publication) contribute an original analysis of the
primacy of the congressional role in lawmaking, importantly reaf-
firmed by the Court in its recent decisions in Loper Bright, Corner
Post, and Garland v. Cargill.
  The Court's consequential shift in administrative law and its im-
port for statutory interpretation loomed large for other authors as
well. Professor Jed Handelsman Shugerman, in his essay, encour-
ages us all to worry less, Skidmore, as he deciphers the importance
of the Major Question Doctrine for the Supreme Court in a post-
Chevron world.