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Wednesday, February 21 2018 @ 01:11 AM CST
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Reforming Executive Discretion, Part I: The End of Chevron Deference

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

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Air Force ‘Flexible’ on B-1’s Return to Fight Against ISIS

 When the Air Force looks at its need for bombers across the globe, it weighs its options — not necessarily by munition or nuclear deterrent — but by readiness, the service’s top general said Tuesday.

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Air Force Wants, But Can’t Afford, New B-52 Engines

 The Air Force wants new engines for its venerable B-52 Stratofortress bomber fleet, but there’s no money in the budget to pay for them, Vice Chief of Staff Gen. Stephen Wilson said Tuesday.

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Marine Corps ‘Significantly Stronger

Navy Secretary Ray Mabus said the Navy and Marine Corps is “significantly stronger” and “significantly different” today than they were when he took office nearly eight years ago.

Navy Secretary Ray Mabus speaks with sailors and Marines during an all-hands call on the flight deck aboard the amphibious assault ship USS Makin Island in Singapore, Nov. 21, 2016. Mabus was visiting the Pacific and Central Command areas of responsibility to meet with sailors, Marines, and partner nation military and government officials. Navy photo by Lt. David Gardner

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Correctional Officer and two other individuals have been indicted

A Shelby County Correctional Officer and two other individuals have been indicted for their roles in a scheme to smuggle prescription opioids and other contraband inside the Shelby County Correctional Center. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee; Michael T. Gavin, Special Agent in Charge of the Federal Bureau of Investigationâs Memphis Division; and Bill Gupton, Director of the Shelby County Division of Corrections, announced the indictments today.

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File Election Complaint Report

 If you wish to report a possible violation of the federal voting rights laws, please fill out the form below. This includes possible violations of the voting-related provisions of the Civil Rights Acts, the Voting Rights Act, the Voting Accessibility for the Elderly and Handicapped Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, and the Help America Vote Act. Please describe the nature of the complaint, and provide contact information, so that our staff may follow up if any additional information is required.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to

Email links icon or by complaint form at      
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The Attorney General's Smart on Crime Initiative

 "By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime 'hot spots,' and pursuing new ways to promote public safety, deterrence, efficiency, and fairness - we can become both smarter and tougher on crime."

Attorney General Eric Holder
Remarks to American Bar Association's Annual Convention in San Francisco, CA
August 12, 2013

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District Elections Officers Available Nov. 8 to Receive Complaints of Election Fraud or Voting Rights Abuses

U.S. Attorney Joyce White Vance announced today that Assistant U.S. Attorneys Pat Meadows and Ramona Albin will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 8 general elections.

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41 Officers Feloniously Killed in 2015

Today, the FBI released its annual Law Enforcement Officers Killed and Assaulted (LEOKA) report—this one covering the 41 felonious deaths, the 45 accidental deaths, and the 50,212 line-of-duty assaults of officers during 2015.

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Congressman Chaka Fattah and Associates Charged with Participating in Racketeering Conspiracy

A member of Congress and four of his associates were indicted today for their roles in a racketeering conspiracy involving several schemes that were intended to further the political and financial interests of the defendants and others by, among other tactics, misappropriating hundreds of thousands of dollars of federal, charitable and campaign funds.  


Joe Leonard photographer


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