A Request for Assistance from the Academy

I spent five decades developing and implementing a process which allows the President to police the activities of the regulators; I have just released a strategy which is an easy and effective process for policing the activities of the Supreme Court.

Please see the Common Law Initiative at https://www.thecre.com/forum8/?p=7806 Presently the Common Law Initiative  is being reviewed by policy officials in the Congress and  Executive Branch agencies. I applaud the work of the Academy to explore the many dimensions of the Major Questions Doctrine with  a focus on pedagogical concerns but I am writing you to ask the academy consider an expanded role in the resolution of this very significant policy issue.

A Strategy to Address SCOTUS Overreach

Previously I focused on establishing the Presidential Review (OIRA)   of agency actions in the White House Office of Management and Budget; I am now focusing on Congressional Review of judicial actions.

Jim Tozzi  

Center for Regulatory Effectiveness

                     email:  tozzi@thecre.com


[The following was downloaded from this page]



David Doniger & Lissa Lynch


Challenging the Major Questions Doctrine

                                                                        The Symposium
 Program Library                                                                                    A Succor for Chief Justice Roberts
 SSRN Common Law Initiative                                                           SSRN Reproduction

An Effective and Easy Way to Challenge the Major Questions Doctrine

Permanent Record of Public & Non-Public Submissions: CRE Symposia on the Common Law Initiative

Ikoel Jacob

Judge made law has progressively led to enactment of statutory law or otherwise based on the recommendations of judicial judgements. Needless to mention, the judges interpretation of laws has become a roadmap for aligning all parliament made laws to be in concurrence with the Constitutions.
However, some commonwealth jurisdictions have always questioned the judgements that declare laws unconstitutional as an outright subversion of the roles of parliament in making laws.
There needs to be a serious discourse between the judicial and parliamentary system on common ground of understanding between the two arms of government.
 Non-Public Submission
Has the issue been discussed with the  Congress?
Yes,  but only minimally.


Complete Table of Contents


JIM J. TOZZICenter for Regulatory Effectiveness

Over the past fifty years considerable progress has been made in developing a process whereby the President could review the actions of the regulatory agencies. Recognizing a lack of comparable progress dealing with Congressional oversight of the courts, the Common Law Initiative is a formative step to fill this void. This report is a summary of the multiyear and ongoing program of the Center for Regulatory Effectiveness to implement the Common Law Initiative. Public comments: https://www.thecre.com/forum8/?p=7644

A Succor for Chief Justice Roberts

From: Jim Tozzi
Sent: Sunday, November 13, 2022
To: xxxx@uscourts.gov

Subject: A Succor for Chief Justice Roberts

The Common Law Initiative: Congressional Review of Judge-Made Law – A Progress Report

 I spent my entire career of nearly sixty years establishing, defending and perpetuating the regulatory process which allows the President to police the regulatory  activities  of federal agencies. My work culminated with the establishment of OIRA.

I am now turning my efforts to designing and implementing a process which will allow the Congress to police the activities of the courts without any immediate need for legislation.

Public Comments: Common Law Initiative

CRE Response to Public Comments on the Common Law Initiative: The Congressional Review of Judge-Made Law
                                                      A Revision
A Symposium                                                                                A Succor for Chief Justice Roberts

The Common Law Initiative differs greatly from proposals currently on the table to address troublesome court decisions.

The Essential Good Government Library

National Archives Interview March 2009: Centralized Regulatory Review

Seven Game Changers

History of Centralized Regulatory Review

The Hall of Fame Library

The Iconic Executive Order 12291

OIRA: Past, Present and Future                ———————————————————————————————————————————-The Common Law Initiative———————————————————————————————————————————-


The Common Law Initiative: Congressional Review of Judge-Made Law–A Progress Report (Updated Periodically)

                                                                          The Symposium
 SSRN Common Law Initiative                         SSRN Reproduction                               
                                                                       Program Library

An Effective and Easy Way to Challenge the Major Questions Doctrine

Judicial Overreach

For a number of years the Center for Regulatory Effectiveness has been a proponent of the Common Law Initiative. The Initiative has received considerably greater attention as a result of the Roe v. Wade decision. In a nutshell this Initiative provides a blueprint for a manageable review by the Congress of judge-made law and its origin is described on this page.

Professor Heinzerling, independent of CRE proposing the Common Law Initiative,  sets forth a compelling argument for an intervention by Congress  to address  overreach by the judiciary. Whatever one’s view on Roe v. Wade, the Congress not the courts should make  the final determination.