Chevron on the Ropes

By Rich Kozlovich

On May 1, 2024 Adam J. White published this article, Constitutional Government After Chevron?  He goes on to explain the Chevron Doctrine was decided by the SCOTUS to give deference to government agencies when laws written by Congress are ambiguous, a disastrously unconstitutional ruling in the 1984 Chevron v. Natural Resources Defense Council decision.

"[a] decision [that] unintentionally undermined all three branches’ roles in the constitutional process. Congress wrote vague laws, and neither agencies nor courts brought clarity or stability. What might a post-Chevron era bring? Perhaps good, steady, constitutional administration. Or so we can hope."

Chevron expanded the power of these agencies centralizing power in the hands of the unelected fourth branch of government.  The bureaucracy. 

The United States Constitution created three branches of government consisting of the Executive, the Legislative and the Judicial branches. The result of all of these regulations is that there are now actually four branches of the United States government; now we have the Bureaucracy.  After the laws are passed these people are the ones who make the rules, they change the rules, they make all the decisions as to how the laws that are passed are to be interpreted; and without consequence. Why? They never have to answer for their actions.  They were not chosen by the people; they went to college, took a test and got hired. Most of them never have done anything except go to school and go into government, which we call “public service”!

This has it's been going on for 40 years.  He cites cases yet to be decided, but SCOTUS has already taken steps in the right direction saying there's nothing in the Constitution that gives the Congress the right to shift their responsibilities to the bureaucracy.  

Here are six articles from my Chevron Doctrine file 

1. The FTC Takes Its Turn To Feel The Regulator's Exhilaration 
2.  Congress and courts enable energy and climate fantasy and tyranny
3.  David v. Goliath: Should Supreme Court Defer to Govt Agencies?
4.  Buckeye Institute Press Release, January 17, 2024
5.  Could Federal courts roll back climate regulatory overreach?
6.  SCOTUS should put the Chevron Doctrine on the ash heap of history

All these arguments about textualism, and how judges will have to do this different, or that differently, would once again just make what should be simple far more complicated.  In effect these solutions would grant the federal courts the right to "legislate from the bench", which the courts have already demonstrated they can't be trusted since entirely too often the judiciary thinks it's above the law.

Truth be told, I’m not sure if the intent behind the laws really are as ambiguous as the “interpreters” make them out to be.  This latest outrage over Trump and the 14^th Amendment is just one more example of how these misfits can take laws with clear purpose and intent and contaminate them with “new insights or interpretations”.  None of which were ever intended by the Congress.  A problem exacerbated by the federal court's embrace of penumbras and  emanations. 

Chevron is at the heart of all these  scams cooked up between activists and federal agencies in order for the courts to grant them unconstitutional powers.  Chevron needs to be overturned entirely. 

Here's the answer.

Overturn Chevron entirely forcing the courts to find against these agencies where there's any ambiguity whatsoever, and make it clear they have to stop going to the courts to grant them abusive power.  The case is one of the worst examples of their corrupt thinking.  Force them to take their arguments back to the Congress and have them fix it, or not. 

This should be followed by an 80% reduction if the federal work force.  There are almost 450 agencies of the federal government and no one can tell me why?     These people are in reality activists with their own agenda, who are over paid, under worked, and have nothing better to do than sit around thinking up rules destroying the nation.  Then, a Constitutional Amendment for term limits on the federal judiciary.  

As  Jay Davidson noted in his article, To restore liberty, kill Chevron: 

The willpower of every citizen, working toward a higher principle, is immensely powerful.  Enlighten the people to the true meaning of the Constitution, and they will come together in a single purpose to re-ignite the flame of liberty that burns in every American.