The Chevron Decision Is A Big Deal

If you believe in limited government, or fear that government bureaucrats rule every decision, then you’re going to love the ramifications of the Supreme Court’s recent decision to overturn Chevron v National Resources Defense Council...

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onversely, those who prefer not to make their own decisions, or think government employees are somehow better, smarter or less greedy; those people are going to hate this decision.

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Chevron Doctrine (also known as the Chevron Deference), is an administrative law principle that compelled federal courts to defer to a federal agency’s interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer.

The principle derives its name from the 1984 U.S. Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. which concerned disagreement over a change in the Environmental Protection Agency’s interpretation of a permitting provision of the Clean Air Act of 1977.

Chevron served as the legal structure through which courts could review, approve and reject regulations in the context of statutory intent. It also maintained a relatively strict rule of deference to federal agencies’ interpretations of federal laws, having given regulators broad authority to make rules related to the environment, health care, immigration and other subjects of public policy.

Opponents of Chevron deference often argued that it infringed on the separation of powers; however, supporters posited that the doctrine allowed administrative agencies to operate efficiently. Opposition to Chevron has materialized along a broad ideological spectrum since 2015.

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Regardless, the elimination of the Chevron doctrine is momentous. 

A bit of historical background shines light on this watershed occasion. When our nation was founded, its leaders and citizens had just rebelled against the most powerful and tyrannical government at that time: the British monarchy, the King.  

The founders were well versed in the Old & New Testaments, various religious and philosophical sects, and ancient Greek philosophy. Their desire was to create a law of the land that limited the inevitable growth and power of any government entity and thereby prevent another dictatorship. They formed a constitutional republic, not a democracy.

The difference is compelling: a republic is rule by the people, guided by the Rule of Law, & the Constitution. The Constitution’s sole aim is to limit the power of our government, including the majority. That infers and precludes, the rule of a majority over a minority (democracy). Shocking? What do we get when two wolves and a sheep decide what’s for dinner? A democracy. For an example of the dominance of the majority over the minority, just look at the tax code: the top 1% of wage earners pay 45% of all taxes.  

In 1984, the Chevron doctrine (deferral) gave powers, that were supposed to reside with Judiciary and the Legislative Branch, to mere government bureaucrats and regulators across all administrative functions. Chevron was the culmination of a century-long effort to increase the power of one person, the president, through bureaucratic (administrative) control.

In 2024, we can see that dictatorship finally ending. Thanks to SCOTUS, particularly Justice Gorsuch. And, giving him his due, thanks to President Trump for nominating his three justices.

Removal of the Chevron doctrine is just the opening salvo in a difficult process which must be undertaken by the next president and Congress. It means several things which have become commonplace in Government will no longer be happening. First, politicians cannot be elected on the promise of finding a government-based solution to every problem. Politicians in the future must be elected on the promise to reduce rules, regulations and excessive laws already on the books. This is truly representative government.

Second, many bureaucrats will be reassigned to private employment if not outright replaced — reduction through attrition. We don’t need the vast network of public service, bureaucrat-employees who are paid from our private-sector taxes and whose natural tendency is to exert growing control over our individual lives.

Third, federal spending must be curtailed; drastically & immediately. The government doesn’t make any money; rather, it survives by taking from citizens in the form of taxation and debt. Further, many of the projects on which our government employees decide to spend are suspect; involving corruption, nepotism and theft. Each project should be scrutinized for its end result and adherence to the spirit of the law.  

We must make difficult decisions with full knowledge of the cause and effect: because what government has, it takes. The private sector is the only economic class which generates profits and retains capital based on creation, innovation and production. Most importantly, private sector profits and capital are much more effective and produce more jobs for more citizens, when they remain in the domain of the individual in the private economy.

Unchecked government influence in the economy means the government can easily choose winners and losers; or, even overpower and destroy the private sector along with individual freedoms.  

Removal of the Chevron doctrine is a first and gigantic, step towards correction of the liabilities of excessive government. This Supreme Court decision represents a major turning point in a long war to restore Government to a much smaller & limited role. The Chevron Decision Is a really big development. We should be grateful we have this opportunity to put government power back into its rightful place. ✪

COUNTDOWN TO NOVEMBER 5, 2024

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