The Fourth of July is a celebration of America’s Declaration of Independence from the tyranny of the British crown. Today, Americans face a different, less-obvious threat to their independence: the administrative state, a vast network of powerful government regulatory offices and agencies.
The Supreme Court, and in particular its newest member, Justice Neil Gorsuch, can help America secure its hard won freedom and restore our government to its rightful, liberty-enhancing design of enumerated and separated powers.
Our high school civics teachers taught us that Congress writes the law, the Executive enforces the law, and the Judiciary interprets the law, but the reality is that the vast majority of enforceable legal rules are written, not by Congress, but by administrative agencies. Those same agencies then enforce the rules they have written against individuals and businesses. And if and when a federal court reviews an agency rulemaking or enforcement action, it does so with one hand tied behind its back.
Since the 1984 decision in Chevron USA vs. Natural Resources Defense Council, the so-called Chevron doctrine requires courts to defer to an agency’s interpretation of a statute or regulation.Our Founders would be rolling over in their graves.
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