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197 sats \ 8 replies \ @kepford 28 Jun \ on: SCOTUS Overturns 'Chevron Deference' In Massive Blow To 'Administrative State' news
@siggy47 this sounds like a good change for liberty to me but I've also heard people say this Chevron Deference thing isn't as radical as those screaming about losing it claim. The administrative agencies had a TON of power before it is what I hear and they doubt this will be a radical change.
It reminds me of the screeching about Roe. It just goes back to the States where it should be. Democracy right? Vs. Judges making decisions for millions of people. It didn't ban abortion. It simply made it more democratic.
I wonder if this is similar.
I'm not sure about the how beneficial this is. It is a good thing to take decision making power from unelected bureaucrats. For me, I thought it would also check a president's power regarding those terrible executive orders, since I think those powers are drawn from executive agencies' rule making ability. Now I'm not sure, since people who know more about this than me haven't mentioned this yet.
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The civil war demonstrated that the Chief Executive's powers derive directly from the Constitution and have as its aim the preservation of the Union through Law which is binding on the States.
The check on those orders would be impeachment, ultimately.
Further edited to also add: https://www.johnadamsacademy.org/apps/pages/index.jsp?uREC_ID=2003858&type=d&pREC_ID=2094472
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Chevron case was not about President executive orders.
Executive orders can be blocked by a federal court or stymied by Congress.
Remember Trump first executive order on immigration in 2017? A judge in Hawaii declared it illegal or unconstitutional.
Obama went overboard with his executive orders in his second term. His defense was I can’t wait for the Republicans in Congress to agree with me so I have to govern without them. If you don’t like it sue me. Ted Cruz brought up impeachment, his way of suing Obama.
Obama unconstitutional DACA executive order was repealed by Trump. The repeal was challenged and chief justice John Roberts upheld DACA because of a trivial technicality.
Lincoln most famous executive order was the Emancipation Proclamation , which took effect on January 1, 1863. This executive order freed slaves in the confederacy only. Slave states in the Union did not emancipate.
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Thanks for this. I had a feeling.
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Lawyers intuition lol
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This is a bigger deal than Roe
The problem with Chevron doctrine was too much deference from the legislative and judicial branches.
Unelected bureaucrats get drunk on power after a sip. They are as bad or worse than the annoying mods on Reddit
Chevron doctrine was established in 1984. The Supreme Court kneecapped itself and the federal judiciary by allowing regulators to interpret laws or rules or dictates. Judges interpret laws not regulators. Agencies have also setup administrative courts to settle legal disputes, ie always rule in favor of agency. These administrative courts are rigged.
Chief Justice Roberts, writing the opinion of the court, argued Chevron "defies the command of" the Administrative Procedure Act, which governs federal administrative agencies.
He said it "requires a court to ignore, not follow, 'the reading the court would have reached had it exercised its independent judgment as required by the APA.'"
Further, he said it "is misguided" because "agencies have no special competence in resolving statutory ambiguities. Courts do."
"In dissent, Justice Kagan says the conservative supermajority "disdains restraint, and grasps for power," making "a laughingstock" of stare decisis and producing "large-scale disruption" throughout the entire government. She is both furious and terrified."