In
the 1984 Chevron case, the justices
directed lower courts to defer to the federal agencies in their interpretations
of Congressional laws.
In
the 1997 Auer case, the justices
directed lower courts to defer to the federal agencies in the agencies’ interpretations
of their own regulations.
Government
is naturally inclined to expand its powers. The U.S. government has gone way overboard,
partly because of Chevron and Auer. In the last twenty-five years, U.S.
agencies have issued never fewer than 3,000 rules and enforcements each year,
making unelected bureaucrats America’s primary lawgivers.
The Supreme Court has now accepted a case in which it will review the Auer case. The court would be wise to
reverse it, and eventually reverse Chevron
as well.
America’s
founding fathers had experienced the tyranny which resulted when a single
person or agency not only made laws, but interpreted, administered, and enforced
them as well. The more concentrated government’s powers, the worse conditions
become for the citizens, especially the poor. Take Venezuela, for example.
The
founders wisely split the powers: They planned for Congress to make the laws,
the judiciary to interpret them, and the executive to administer and enforce
them.
America’s
administrative agencies have accumulated too much power. It’s time to rein them in. Reversing Chevron and Auer would help.
