Friday, February 24 2017 @ 10:48 AM CST
Contributed by: News
Executive Summary In 1984, the United States Supreme Court ruled in Chevron U.S.A. v. Natural Resources Defense Council, that when Congress does not directly speak to an issue in a given federal statute, courts must defer to federal regulators’ interpretation of that law, provided an agency operates under a “permissible construction of the statute.” That is, with a sufficiently clever legal theory, an executive agency can impose on the American people laws that the people’s elected representatives never actually pass. Whatever speculative value this “Chevron deference” standard may have as a legal theory, in practice it has become a direct threat to the rule of law and the moral underpinnings of America’s constitutional order.
For three decades, Chevron deference has helped to midwife a kind of shadow government operating within the federal Executive. This “Fourth Branch” of government imposes and enforces the vast majority of new federal laws without being subject to public consent or checks and balances. Chevron deference empowers this government-without-consent. It conveniences lazy and accountabilityresistant politicians and power-hungry bureaucrats at the expense of the American people’s rights. And so Chevron must go. The Article I Project was formed to develop a policy agenda to reclaim congressional powers today being wielded by the executive branch. The lawmaking power today exercised by the Administrative State – protected and enhanced by the Chevron deference