SCOTUS' overturn of "Chevron Deference" is a wonderful way to start my weekend! This decision reaffirms a separation between the Judicial and Executive branches, and removes from federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) the legal authority to create the regulations they enforce.
It is the purpose of the Legislative Branch to write the laws, the Executive Branch to enforce those laws, and the Judicial Branch to interpret those laws. We do not allow police officers to write and interpret the laws they enforce, but that is exactly what the precedent of Chevron Deference has done over the past 40 years.
I am certain that the Federal Leviathan will be reluctant to give up this power and that change will not occur overnight. Indeed, it will take many years and many lawsuits to reduce the Regulatory State to a government closer to what the Founding Fathers envisioned. However, this was the critical first step along that path and I am eager to see what the future holds.
No comments:
Post a Comment