If we want Washington to work for us, the American people, we must start by restoring power back into the hands of those we elect and away from unelected bureaucrats. A critical aspect of this transformation hinges on addressing a doctrine known as Chevron Deference. Far more than a mere technicality, this legal principle has significantly shifted the dynamics of our nation's lawmaking, blurring lines of accountability and diminishing the legislative role of Congress.

For over 40 years, Congress has been derelict in its duties, hiding behind Chevron Deference, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), to delegate its power to federal agencies. This abdication of responsibility has led to vaguely worded legislation, paralyzing gridlock, and sprawling omnibus bills. One stark example of this issue is the Waters of the United States (WOTUS) rule. Under the influence of Chevron Deference, its interpretation has been subject to dramatic shifts with each changing administration, illustrating the instability and confusion bred by this doctrine. //

The doctrine of Chevron Deference is a fundamental deviation from the constitutional design of our government. The legislative branch, intended by the framers of the Constitution to be the sole creator of laws, has enabled unelected bureaucrats to interpret and effectively create laws, eroding this principle. This isn't about the intelligence or capability of bureaucrats, but about the principle of democratic representation and accountability.

To ensure that laws reflect the will of the people and maintain the balance of power essential to our constitutional republic, we must end Chevron Deference. This change is vital for restoring legislative power to elected representatives. Additionally, adopting single-issue legislation would compel Congress to draft laws that are precise, transparent, and accountable, reflecting the true intent of our Founding Fathers. Single-issue bills, as advocated by James Madison in The Federalist No. 62, would ensure that each law is thoroughly debated and understood before being passed. This approach would eliminate the complexities often buried in omnibus packages, allowing for greater transparency, less government waste, and a greater public understanding of legislation. //

SLOTown Hoosier
3 days ago
This common-sense analysis is hindered by the fact that most Americans have little common-sense, but much sense of self and self-interest. All they care to know about Chevron is that they can fill up their cars.

“Many people consider the things government does for them to be social progress, but they regard the things government does for others as socialism."― Earl Warren //

Random US Citizen
3 days ago
This will help, but the real issue is the SC decision in NLRB v. Jones & Laughlin Steel Corp in 1937 in which the court decided that anything that had the slighted effect on "interstate commerce" could be regulated by congress. A vast swath of unconstitutional laws and regulations hinge on the idea that congress can regulate almost anything as long as there's even the most tenuous connection to commerce. Pick a federal law that's a bad idea and the chances are better than even that the reason it exists is because the black-robed tyrants decided that what they "felt" about an issue was more important than the rule of law or the plain text of the constitution.

Caedite eos. Novit enim Dominus qui sunt eius.

ColderWeather Random US Citizen
3 days ago
NLRB was expansionary for sure, but the one that really had the effect you state here is Wickard. As bad a decision as Dred Scott, Plessy, and Korematsu. //

ConservativeInMinnesota
3 days ago edited
Departments can't make their own rules, that authority belongs to Congress. Congress doesn't have the constitutional power to delegate rulemaking authority to the administrative state. The Constitution requires Congress to make all laws, carry them into execution, and explicitly calls out any department of the US.

Art 1 Sec 8
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.