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The Facts of the Chevron Case [No. 86] 

The Federalist Society
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Everyone knows what the Chevron case now stands for - deference to agencies. But what was the case itself actually about? Professor Gary Lawson outlines the facts of Chevron and the historical context in which it arose.
Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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#chevron #no86 #law #administrativelaw #adminlaw

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11 сен 2024

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Комментарии : 117   
@byronclarke2252
@byronclarke2252 2 месяца назад
so this got overturned today.
@MosesM_ria
@MosesM_ria 2 месяца назад
That’s why I’m watching this video today.
@scizorbullet8185
@scizorbullet8185 2 месяца назад
We're cooked
@user-zu5do6ri6r
@user-zu5do6ri6r 2 месяца назад
The water has been slowly heating. It'll boil soon.
@rusk3986
@rusk3986 2 месяца назад
By Federalist Society judges, mind you
@squidleyskidley
@squidleyskidley 2 месяца назад
Yeah it’s really sad. And every single one of those conservative judges who overturned it said they would respect precedent during their nomination hearings. They are such liars.
@user-br1lt7nq5n
@user-br1lt7nq5n 2 месяца назад
So if I’m understanding correctly, unless there is a specific law written by Congress, detailing how produce and meat should be examined before going to market, there’s now no longer a guarantee that the food you eat will be safe for consumption.
@staywoke2198
@staywoke2198 2 месяца назад
There has never been a guarantee..
@crazyguywatchnu
@crazyguywatchnu 2 месяца назад
Yes and it means that politicians should be passing laws instead of vacationing.
@iamthereforeistrive9392
@iamthereforeistrive9392 2 месяца назад
I take is as: now, if a company decides to do some funny business, they can not just shift the blame to a nameless/faceless 3-letter-agency (where that particular bought-out clerk/officer has long moved up the ladder and away from being identified by authorities from being punished) . Now, a SPECIFIC person in that corporation must take responsibility for an illegal act, and be sent to prison. Any one wants to become one? I thought not. That's the point. No more: "oh, these ppl frim that building said it was safe and effective and we must safe the planet" & "oh, no, it was you, ppl yourselves! Well, those that were here before you" kind of a travesty.
@notarealperson9709
@notarealperson9709 2 месяца назад
every regulation law ever written doesn't provide specific details for every single edge case for decades to come... or it would be 1000x longer bill. now, companies can litigate their edge cases in court instead and let judges decide. this is a power grab from one of the 3 pillars of our democracy. you better hope the life-appointed judge in your federal district is competent lol.
@codyharney2997
@codyharney2997 2 месяца назад
​@@notarealperson9709 it's not a power grab, it is realigning the balance of power. Also it makes 3rd party experts actually repected instead of always siding with "in-house experts" which somehow seemingly side with the "house" to which they belong to.
@StevenKHarrison
@StevenKHarrison 7 месяцев назад
Legislatures pass laws, experts apply regulations designed to bring compliance with those laws. Most of us out here understand this basic concept. You are looking for ways to circumvent those regulations because they reduce the profits of the corporations that pay you. We know who you really work for and we are not fooled.
@Harlem55
@Harlem55 5 месяцев назад
Legislatures pass laws, and The executive passes administrative rules. However, the courts role is that of interpretation. Cheveron is not compatible with seperation of powers because the executive has no proper right of interpretation of the law given the proper executive role in a democracy. The proper executive power is one of enforcement only - and thats before you get to Daubert. (Many cases involving Cheveron also invoke Daubert by their very nature). For this reason alone, I find Cheveron to be bad law, unless 1. we can claim some reason Daubert shouldnt apply against the government. And 2. Create an exception to deal with rule making amuck.
@LibertarianRF
@LibertarianRF 2 месяца назад
Lol....slave??...comment didn't age well
@SourDonut99
@SourDonut99 2 месяца назад
You're thinking of the best case scenario. Think of the worst case where federal agencies are violating your civil rights in order to enforce laws. You sue because your civil rights are infringed but the courts can't review the case because "Chevron". Technically the government can't violate your civil rights but if they can evade judicial review then they actually can, which isn't right. It's BS.
@Clintondmb
@Clintondmb 2 месяца назад
I believe you’re going to need to cry more.
@eagleclaw1179
@eagleclaw1179 2 месяца назад
Yes, there are limits on unelected government beurocrats, who want to just make stuff up and it be law… It’s the separation of powers, heard of it? It’s in the constitution, this is America… So, now laws are a power given to congress by WE THE PEOPLE.. The executive branch(President), you know, those unelected bureaucrats…does not have the authority or power to make laws…WE THE PEOPLE, didn’t give that to him..
@franky1288
@franky1288 2 месяца назад
Problem with letting agencies policing themselves and adjudicating there own rules,you get a loop open to corruption
@puckg2454
@puckg2454 2 месяца назад
Congress should be REMOVING redundant laws, and SIMPLIFYING All Laws - For The People. Complex laws ONLY help Lawyers! Corruption can be gauged by the Number of Laws on the books 😢😮
@enyajungle
@enyajungle 2 месяца назад
​@allan339 except it's literally a popularity contest and they don't even read the bills they sign already. It's in their interest to support big donating corporations, I've a feeling many inconvenient regulations for these industries will just magically disappear, regardless of the negative externalities.
@garlicgirl3149
@garlicgirl3149 2 месяца назад
A whole bunch of verbiage, to basically say, "How am I going to get around this?" 😑
@acd2050
@acd2050 2 месяца назад
What this will require is an update to how the executive branch operates. There will need to be a law that has some sort of intermediate step in the law making process. Create a law that tasks the agencies to create details and then when finalized a vote by congress on acceptance of these laws. It will force more cooperation between the 2 sides as likely one congress would initiate the task and a new congress would need to do the approval process. This way unelected bureaucrats can’t tell me that because it rained heavily one night and my lawn did not drain properly that my property is now a wetland sanctuary and I’m not allowed to use my land anymore
@christina678
@christina678 2 месяца назад
It would take an amendment change.
@enyajungle
@enyajungle 2 месяца назад
​@@christina678and half the country just wants to disband the government
@costcontrolaccounting4613
@costcontrolaccounting4613 7 месяцев назад
Federal agencies making rules aren’t rules, but law. It’s our congress who are required to make laws. Forcing a business to take on federal agents and making them pay for them is tyrannical. When I think of reducing government, I think of reducing the powers these agencies have given themselves.
@Harlem55
@Harlem55 5 месяцев назад
The idea behind rule making authority is that congress passes the law and the agency fleshes out the pragmatic details as to how to make it "go" in actual practice. 18 USC 2257 is the classic example. The problem with Cheveron is that Cheveron stands for the proposition that the executive may interpret the law congress passed as to determine what the law requires in this case or that - which is a power properly reserved to the court not the executive agency by reason each branch of government may not delegate its powers to other branches. What Chevron fails to awknowledge is that the non-delegation and seperation of powers doctrines are absolute mandates per the constitutional text considering their purpose. We can create no constitutional exception for the purpose of making the governments life easier if the constitution is to control and constrain the government as intended by its purpose. Phrased differently, the constitution was directly intendend to be a major inconvienence to the government.
@GalloPazzesco
@GalloPazzesco 3 месяца назад
Amen Brother! Preach it!
@LibertarianRF
@LibertarianRF 2 месяца назад
​@@Harlem55they overreach
@weirdfish1216
@weirdfish1216 2 месяца назад
congress makes laws that the executive branch enforces those laws how they see fit. go back to high school government class.
@MrCedrichm
@MrCedrichm 2 месяца назад
This comment aged well
@lonnyself3920
@lonnyself3920 2 месяца назад
I lived so much of this most will never know how much that law was need when it was implemented US army radar missile operation NCO 1976 to 1986 , To when it was turned into an albatross that got us 9/11 many other missteps , know why how and what for to bad some interpretation of law is as it is, full circle
@itheuserfirst3186
@itheuserfirst3186 2 месяца назад
Power grab.
@ajohndaeal-asad6731
@ajohndaeal-asad6731 2 месяца назад
a big one
@smilingpossum7644
@smilingpossum7644 2 месяца назад
This works both ways! The over regulation side isn’t being presented, neither is the side of the bureaucracies, not having to answer to Congress. But oh well
@cacsoccer101
@cacsoccer101 2 месяца назад
Finally, politicians are lazy in their old age. In this example, the fact that the EPA kept going back and forth is evidence enough that they shouldn't have the power to enforce their policies as if it's law.
@Grandcubester
@Grandcubester Месяц назад
It’s actually evidence that they should since all possibilities should be held into question through many experts of differing opinions. Science isn’t always quick. That’s my two cents.
@flippingcars7970
@flippingcars7970 2 месяца назад
Better Call Sal!
@dalecarpenter8828
@dalecarpenter8828 2 месяца назад
What a line of democrap !
@jmfs3497
@jmfs3497 2 месяца назад
deference is satanic.
@timothyplumley9285
@timothyplumley9285 2 месяца назад
What this really means, is that politicians will have to actually do their jobs. Politicians will have to make laws that are clear, with no room for interpretation.
@the503creepout7
@the503creepout7 3 дня назад
i don't see how this forces politicians to make laws anymore clear. It seems to me this supreme court has simply given politicians the license to allow more negative environmental impact by the industries which donate more money to said politicians by their lobbyists.
@iamthereforeistrive9392
@iamthereforeistrive9392 2 месяца назад
I take is as: now, if a company decides to do some funny business, they can not just shift the blame to a nameless/faceless 3-letter-agency (where that particular bought-out clerk/officer has long moved up the ladder and away from being identified by authorities from being punished) . Now, a SPECIFIC person in that corporation must take responsibility for an illegal act, and be sent to prison. Any one wants to become one? I thought not. That's the point. No more: "oh, these ppl frim that building said it was safe and effective and we must safe the planet" & "oh, no, it was you, ppl yourselves! Well, those that were here before you" kind of a travesty.
@folieimposee
@folieimposee 2 месяца назад
I was born 86. Cool.
@iamthereforeistrive9392
@iamthereforeistrive9392 2 месяца назад
So...which agency authorized the removal of my comment?
@ajohndaeal-asad6731
@ajohndaeal-asad6731 2 месяца назад
None. RU-vid/Google is a private company and can do anything on their platform. You agreed to the terms and conditions
@iamthereforeistrive9392
@iamthereforeistrive9392 2 месяца назад
@@ajohndaeal-asad6731 and what motivated them to drop a TON of $ on having tech to remove it? Convince me they did it on their own volition, "bcs they are a private company". We heard this story before. Before the X discovered cen*oring was done on the orders of the agencies. Could have never known that. Why would we have your confidence now?
@ericstandefer9138
@ericstandefer9138 2 месяца назад
​@@ajohndaeal-asad6731so you are saying utility companies, if they don't like how you vote, should be able to cut your service. You tube and Google are integral partsxofvlife now. Like utilities, it would be difficult to get along in daily life without them. You can't not agree to there terms, so they shouldn't be able to target customers.
@atthebijou8209
@atthebijou8209 2 месяца назад
2 years ago - ack! - not what I need!
@RyanSilverthorn-yr7gx
@RyanSilverthorn-yr7gx 2 месяца назад
Trump promised to give power back to the people!
@sdAlex46and2
@sdAlex46and2 2 месяца назад
Can we get an AMEN THIS IS GONE???
@ajohndaeal-asad6731
@ajohndaeal-asad6731 2 месяца назад
And you are about to get poison in your drinking water from the nearby powerplant and you'll be gone too
@squidleyskidley
@squidleyskidley 2 месяца назад
Nope. Most of us disagree with you. It was an important precedent for safety and public health.
@ajohndaeal-asad6731
@ajohndaeal-asad6731 2 месяца назад
@@squidleyskidley very important
@DingleBerryMilkshake
@DingleBerryMilkshake 2 месяца назад
I hope you have a shitload of bottled water... because our water is about to become poisonous
@dirtydigger3218
@dirtydigger3218 7 месяцев назад
Omg ot does not offset anyty!!!
@edwardkennelly677
@edwardkennelly677 2 месяца назад
We were better off as hunter and gatherers. We will be back to that again, someday.
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