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The Supreme Court’s decision striking down Chevron Deference has set off Democrat hysteria, but as I warned in my post on it, Republicans will soon miss it once they take office and every federal agency gets sued.
Chevron Deference abusively allowed federal agencies to interpret the laws they implement. The argument though was that the alternative was having judges settle every dispute. And while Chevron Deference rarely favored conservative agendas (but then again how often do federal agencies implement conservative policies), federal judges are at best a mixed bag. Without judges deferring to the agency position, judges will come away with even more power. That’s an argument Justice Elena Kagan ironically made in her dissent.
But the underlying problem, as is often the case in political battles between branches of the government, is the government. We have far too much of it. Federal agencies have been given vast powers over everyone. So has the judiciary. The ultimate solution has to be less power, not more of it.
Striking down Chevron Deference weakens an administrative state that runs virtually unchecked. Courts at least provide the public with some recourse, which a vast self-inflationary bureaucracy does not.
The only answer is what it has been all along and that is using the courts to reduce the scope, scale and authority of the government.
That’s what striking down Chevron Deference does. It weakens the authority of the government. And in some cases the scope and scale of the government.
And that’s the conservative project.
Lately the idea of shrinking government has become controversial in some circles on the ‘right’ who have come to believe that we need a bigger and stronger government to executive their agenda. The simple fact is that government can only deprive us of liberty, it can’t provide it, and government has an innately socialist bias. Even using government as a tool to shrink the government has its hazards. Building up the government is the classic RINO fallacy and it can only end one way.
Good analysis, thanks Daniel! A pattern that repeats throughout history.
Candidates should really help Americans think for themselves about how big government should be for the well-being of the nation.
We don’t need degrees in economics theory and political science. We know about supply and demand, food, shelter and clothing, material opportunity and spiritual opportunity, right and wrong.
We are experiencing serious, debilitating side effects of too much government – making America deaf, blind, dumb and weak.
The federal government is currently the largest (politically biased) ‘employer’ in America, with 2.7 million ‘employees’.
How does that break down?
Where do American tax payers fit in to this ‘employment‘ structure? The American tax payers are the real employer of all elected and appointed members of the federal work force. They – we –
pay all these so called employers’ and ‘their’ employees’ salaries.
Bigger government means more money out of Americans’ pockets to pay for it, and worse, less control over where and for what the money goes.
The OMB, the office of management and budget, is the biggest executive agency, whose mission is “to serve the vision of the president”, to quote Obama.
That sounds like it’s a private fund for his very personal ‘vision’.
Really, how many people DOES it take to screw in a light bulb?
But first, you need a bulb,
of the right ‘what’age, that fits into the right socket.
SCOTUS also gave a pass to all the existing times Chevron deference was used already, so none of those cases will get rehashed.
Better to keep Government small and manageable then big and out of Control
Republicans/RINOs love federal bureaucracy as much as the ommieKKKrats. If they really want smaller government they could slash bureaucracy budget at least to half. But they wouldn’t. The bureaucracy shields them from making any consequential decision that hold them accountable. SC Chevron decision will not make much impact, as long the congress keep give them money.
A Government that is big enough to give you want is strong enough to take every thing you have, Small and smaller Government is the way. It seems that we have to many little Dictatorships overseen by one big dictatorship. Many agencies to disband.
Were Congress to limit its laws and expenditures to its Constitutionally authorized 18 powers, the federal government would be about one-third its present size and the issue of federal agencies pretending to have judicial authority would vanish. But how could the snakes we elect to office line their pocketbooks with lobbyist money if Congress only did what it should? How could lawyers charge exorbitant fees to clients to argue with unaccountable bureaucrats? Where would millions of welfare-dependent slackers get money for their bad habits? Could Americans cope with restored freedom?
We need to get Our Government LESS dependent on OUR TAXES!! Also need to get Our Government to a point where it DOES NOT CREATE MILLIONAIRE Congress critters! This ruling will help that, but the biggest benefit will be LESS DEMOcrat BACKDOOR FUNDING!! The days of the DEMOcrat machine creating “crimes” or “violations” , “settling” with a “donation” to a LEFT WING organization, and BACKDOOR FUNDING the DEMOcrats will or SHOULD be over!
RE: “The only answer is what it has been all along and that is using the courts to reduce the scope, scale and authority of the government.”
Why “use the courts?” Just FIRE PEOPLE and prohibit filling open jobs. Death by a thousand cuts is slow but would work.
Yep. It is not the job of courts to cut the executive branch down to size. Congress has the power of the purse, after all
The US does not need 72 entitlement programs. There should be a monthly allotment for the truly poor and they should show up in person to get it. You still poor? Make sure to bring the kids so we know they’re still with you.
If NYC says the allotment is too small? Cost of living is too high there? Well, the state and city can add their own funds if they want.
In Manhatten a section 8 rent voucher for a single mother is more than the average American earns. It’s insane.
That is not what courts do.
We need to elect the people with the fortitude to gut the bureaucracy. Entire federal departments should be abolished, many powers belong to the states too. Get the feds out. Shut down the IRS, ATF, etc.