In 1803 to the frustration of Thomas Jefferson, Chief Justice John Marshall established judicial review in the case Marbury v. Madison. Prior to 1984, ambiguous language in a statute resulted in a judicial review of the legislative history to determine the legislators’ intent or resulted in a ruling of unconstitutionality because the language was “ void for vagueness.”
In 1984, Jefferson rose from the grave, and thunder and lightning struck the federal legal system. Judicial laziness or cowardice resulted in the doctrine of “Chevron Deference.” FDR and his successors had constructed a bureaucratic monstrosity on the shores of the Potomac. “Chevron Deference” unleashed a nest of vipers and vampires, overriding the constitutionally mandated three branches of government and bringing our Federal Republic to the “ Eve of Destruction.”
In simplistic terms, SCOTUS forfeited judicial oversight to the bureaucratic establishment, the so-called experts. The Epoch Times, today’s newspaper of record, reports federal judges have cited “ Chevron Deference” 18,000 times, hiding in their Chambers and punting control of our lives (including the puddles in front of our homes) to the dictatorial menagerie of human authoritarians known as The Deep State.
There is hope! SCOTUS recently marginalized Chevron with the institution of the “major questions doctrine,” requiring federal judges to presume that Congress does not delegate policy decisions of great economic or political magnitude to unelected bureaucrats. SCOTUS has now granted review in four cases that may overrule Chevron.
The overruling of Roe v. Wade, dedication to the plain language of the Constitution, and stare decisis indicate “Chevron Deference” will hopefully be consigned to the dustbin of history. Only the re-election of Donald Trump is more important to the survival of the USA.
