It’s easy to see that there are too many cooks in the kitchen, and too many swamp creatures lingering around because too many of the same politicians have been in power for far too long. Today we call them bureaucrats and there are over 5 Million of them in DC making rules for us to live by.
It seems the root cause of the corruption and abuse in the federal mire stems from the bureaucrats and politicians who live, work and breathe the Washington D.C. air for decades at a time. These people have been given almost free reign to rule over the American people thanks to a Supreme Court precedent called the Chevron deference. It is important to understand this case and its impact on federal overreach.
In 1984, the Supreme Court heard a case called Chevon USA v. Natural Resources Defense Council Inc. The Supreme Court ruled that lower court judges across the country had to defer to federal agencies - Executive branch bureaucrats - whenever one of their own rules or a piece of legislation was considered vague or ambiguous.
This case was a lawsuit based on the Clean Air Act of 1963. This law was a broad sweeping piece of legislation that regulated air pollution all over the United States. Any company that was building something that would be considered a source of major air pollutants now had to go through a “new source review” process. However, the law failed to define what actually constituted a “source.” During the Regan administration, the EPA moved to broaden the definition of a “new source” to include an entire factory. This meant new factories or plants could avoid any review. An environmental group, the National Resources Defense Council, sued the EPA over the broader definition, which allowed companies more breathing room from the review process.
Ultimately, the Supreme Court heard the case. They created a two-step analysis when reviewing administrative law. First, the Court examines the legislation. If Congress is clear, the Court will defer to the legislation. However, if the precise issue in question hasn’t been answered by the legislation, the administrative agency’s answer must simply be “based on permissible construction of the statute.”
In other words, Congress passes a law. The executive branch's administrative state passes a series of rules and regulations to “enforce” that law. If any part of the legislation is vague, the executive branch agencies can pass virtually any rule they want to enforce the law. And they will be given complete deference by courts all over the country when doing so.
As you can imagine, this single 39-year-old Supreme Court case has been used countless times by administrative agencies and our presidents to enforce endless rules and regulations on the American people.
It’s important to know, read and understand this case for a few reasons.
First, it is simply a very interesting case. It involves a regulation that, by broadening its own definition, actually gave more freedom to private companies building or expanding their businesses. You don’t see that very often.
Second, our Supreme Court today is actually reviewing this case under a new case called Loper Bright Enterprises et al. v. Raimondo. The Chevron doctrine could be at a tipping point.
Third, the Chevron doctrine is the seminal case law for defending and expanding the ever-growing administrative state in this country. It has been used in thousands of cases to usurp unwarranted authority into the executive branch. It is one of the biggest reasons the Convention of States Project is working tirelessly to hold an Article V convention. Federal overreach cannot be undone by the inner workings of Washington D.C. The government isn’t going to put itself back into its Constitutional box.
We the People must do that - through the convention process.
No matter the whims of the majority of the Supreme Court, no change in the executive branch administrative state, and no endless regulations of unelected bureaucrats have the Constitutional authority to alter our Rights.
There is a legal and peaceful method for realigning this country back to its Constitutional roots! It’s called an Article V Convention.
If you agree that we need fewer bureaucrats telling us how to live our lives, join us by signing the petition. This lets your local legislators know that you want them to support the Resolution in Michigan.
The time for standing by and doing nothing is over. Take action and join our Michigan team! We have volunteer opportunities all over the state, for any capacity, and any time constraints. Your efforts WILL make a difference!
Kelly Oldford is a District Captain and member of the Convention of States - Michigan Communications Team. She hosts our bi-weekly Facebook Live event and co-hosts the Convention of State Michigan podcast.
