You may have noticed that we have an awful lot of laws in America that make everyone’s life miserable, but which were never passed by Congress. The “administrative state”—that army of unelected and unaccountable bureaucrats in obscure federal offices—has grown increasingly aggressive in recent years at this practice.
They invent rules and regulations out of thin air that can destroy your life, while Congress is cut out of the law-making process entirely. The Supreme Court put an end to this insidious and anti-democratic process in a 6-3 ruling on Friday.
The so-called “Chevron doctrine” became law after a poorly decided Supreme Court case in 1984. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, the Supreme Court ruled that lower courts must show deference to federal agencies when interpreting statutes from Congress that are vague or ambiguous.
The court effectively granted Executive branch agencies like the Department of Education or the Environmental Protection Agency (EPA) the power to create new laws through regulations.
That’s obviously unconstitutional. Only the legislative branch (Congress) can create laws. But it’s been the law of the land in America for the past 40 years because of that decision.
Democrat administrations have become masters of manipulating the system to create new laws through this regulatory power.
Here are just a couple of examples from Barack Obama’s second term in office.
The 1972 Clean Water Act established federal jurisdiction over “navigable waters” in the United States. The law was passed because many of America’s biggest rivers were heavily polluted. The term “navigable waters” implies a waterway that’s big enough for a boat to navigate over it, right? That’s how any sensible person would interpret it.
During Obama’s second term in office, he had the EPA redefine “navigable waters.” The agency reinterpreted it so that if it rains outside, and a mud puddle forms in your driveway, the EPA can swoop in and start bossing you around and issuing fines, or even taking your land away from you.
Congress never passed any such law and it’s pretty obvious that they didn’t mean mud puddles in your driveway when they defined “navigable waters” vaguely.
In another example, the Doe Run Company was the last lead smelter in operation in the United States, in Herculaneum, Missouri. Starting in 2012, Obama’s EPA started revising emissions standards for lead smelting, so Obama could save the weather from global warming. Since Doe Run was the only remaining smelter in America, it was clear that this was an effort to shut the company down.
The EPA revised the regulations on emissions standards to the point where it was scientifically impossible for Doe Run to meet the standards. As a result, the EPA shut the smelter down in 2013.
America no longer has an operational lead smelter anywhere in the nation. Oh, well. It’s not like you need that to manufacture things like bullets or car batteries domestically. Oh. Wait.
There are a few companies that recycle lead from car batteries for domestic use. Otherwise, we have to import lead from—guess who—Communist China.
Does anyone think it’s a great idea to have to import enough lead to make ammunition for the military from China? Anyone?
Not to mention the impact that it’s had on civilian ammo production. We’ve had periodic ammo shortages in the US ever since Obama’s EPA shut Doe Run down.
Once again, Congress had nothing to do with the shuttering of the country’s last lead smelter. That was all done by the unelected bureaucrats in the administrative state, by changing regulatory standards on emissions.
“Chevron is overruled,” wrote Chief Justice John Roberts in the majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”
The American people have been abused by the administrative state for the past 40 years because of the Chevron doctrine. Our elected Representatives and Senators have been unable to represent us in many cases because this doctrine usurped power from Congress and gave it to unelected people who are almost impossible to fire. That’s not how our system is supposed to work. We’re not in the European Union.
It’s been a long time coming, but the Chevron doctrine is finally dead. We still have a long way to go in reining in the administrative state, but this was a huge first step in favor of the American people.
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Congratulations to the Supreme Court. Obama Thought that he was God in most everything that he Did. He and Hillary Killed the Ambassador and others Bengazi, Gave the Mexican Cartel Guns to Kill Americans,Spied (and still does) on Americans that were against his administration. Obama Care and I can go on and on.He and Biden are Two of a Kind!!
FINALLY ! I’m free at last!…or shall I say WE (AMERICANS) are to live, move and do our work with out governmental intervention. The B&O smell is being aired out! Yeah, you know what B & O…stands for.
It’s about time!