Chevron Deference

Question 1

Chevron deference is

Answer 1

A principle of administrative law requiring courts to defer to interpretations of statutes made by those government agencies charged with enforcing them, unless such interpretations are unreasonable

Question 2

The principle is named for

Answer 2

The 1984 Supreme Court case Chevron U.S.A., Inc, vs. Natural resources defense council which involved an argument over the Environmental Protection Agencies interpretations of a provision of the clean air act amendments of 1977.

Question 3

Under Chevron

Answer 3

Even if a court finds that another interpretation is reasonable, or even better than the agency’s interpretation, it must defer to the agency’s reasonable interpretation.

Question 4

Rulemakings (aka “regulations”)

Answer 4

A key tool of presidential power

• Administrative rulemaking is a rule bound process governed by the Administrative Procedure Act
• presidents who seek to rescind exists regulations must go through a process of notice and public comment proposed rules as well as navigate possible litigation over the changes they seek to implement

Question 5

Rulemakings (slide definition)

Answer 5

• result of agencies implementation of legislation, which is usually written broadly
• must be done pursuant to the administrative procedure act 1946 which requires publication and comment period (unlike executive orders)

Courts give “Chevron Deference” to agency interpretations of law

Like executive orders, they have the force effect of law, but they are more difficult to reverse because their rescission or retiring requires formal APA PROCESS

Congress can disapprove rule makings under the Congressional Review Act, but very limited effect given time limits and the presidents ability to veto - this congress did rescind several late Obama regulations after he left office

Question 6

Regular order

Answer 6

Bill goes through committee

Passes both legislative bodies

And then a compromise is struck between the house and senate version

Question 7

Congress is now a lesser body than the executive branch

Answer 7

Legislative branch is supposed to be the center of our politics, it’s not - sen. Sassy

Question 8

For more than 200 years Congress operated largely as the countries founders envisioned

Answer 8

Forging compromises on the biggest issues of the day while asserting its authority to declare war, spend taxpayer money and keep the presidency in check.