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When it comes more broadly to the rampant expansion of the unconstitutional regulatory state, Judge Kavanaugh is perhaps second to none in standing up for the Constitution. According to Kavanaugh, if Congress hasn’t yet opined on a matter of deep economic significance, any regulation relating to that matter should be presumed unconstitutional. He recognizes that lawmaking, under Article I of the Constitution, was delegated to Congress, not unelected executive branch bureaucrats.