Posted on 01/14/2024 5:34:28 PM PST by CFW
When Justice John Paul Stephens issued his 1984 opinion in Chevron U.S.A. v. National Resources Defense Council, he started what legal scholar Gary Lawson later called “nothing less than a bloodless constitutional revolution.”
At long last, on Wednesday, the Supreme Court will hear two cases that may signal the beginning of the end to that revolution.
Article I of the Constitution explicitly directs that “All legislative Power herein granted shall be vested in a Congress of the United States,” not regulatory agencies.
Yet Justice Stephens’ opinion found that “agenc[ies] may . . . properly rely upon the incumbent administration’s views of wise policy” in “reasonably” defining statutory ambiguities.
The legal doctrine that Chevron spawned became known as Chevron deference and former President Ronald Reagan’s White House counsel, Peter Wallison, pointed to it as “the single most important reason the administrative state has continued to grow out of control.”
[snip]
Both are companies that fish for herring in New England and are family-owned and -operated, and both are subject to the Magnuson-Stevens Act, which governs fishery management in federal waters.
The act allowed the National Marine Fisheries Service to require herring boats, relatively small vessels that normally carry only five to six people, to also carry federal monitors to enforce of its regulations.
As a next step, however, and without any express statutory authorization, the NMFS decided to require Loper Bright and Relentless to also pay the salaries of these monitors, estimated by the NMFS to be $710 per day, an amount that can exceed the profits from a day’s fishing.
(Excerpt) Read more at nypost.com ...
Good possible news...
However, too little, too late...
Neither the SCOTUS nor fake elections are going to dig us out of this dark tyranny...
Time to read all the details in the former Constitution on how to survive situations like this?
“When “will they next go after the big enchilada, Wickard v. Filburn,”?”
We can all hope!
Until he is blackmailed...
They will make every law enforced by agency decree null and congress will be busy lawmaking.
SCOTUS may even weigh in on the DEI angle gutting it’s hold on colleges and workplaces.
The best part is racial preferences grew into gender thru the administrative state, allowing Trump to end it all after 55 years.
Gutting the ATF, EPA, just to name a few if lawmaking will go a long way in slaying the deep-state.
bookmark
“As a next step, however, and without any express statutory authorization, the NMFS decided to require Loper Bright and Relentless to also pay the salaries of these monitors, estimated by the NMFS to be $710 per day, an amount that can exceed the profits from a day’s fishing.”
Lol, government theft!
Do they have to continue to pay, if for example, the Fed agent were lost at sea?
That won’t matter much unless he gets at least 4 others who share that perspective.
If he doesn’t... the f’kery continues, but more and worse.
At the tail end of nearly every bill:
“... and for other purposes” Swings the door open wide for anything to happen under the funding stream attached to that particular law, by anyone in the generic order.
“If this breach of the US Constitution is fixed will they next go after the big enchilada, Wickard v. Filburn, which is the rationalization for much of the unconstitutional power asserted by the government.”
We can hope and pray they do.
L
+1000! It was an Abomination, no question.
The taking was horrible, no doubt. Yet the legality of it hinges upon the idea that deciding what constitutes an illgal taking is a Federal power. If one incorporates the Bill of Rights, that puts the Feds in charge. Leaving it as a State power puts Natural Law competition in charge. That means some States will have even more stringent protections for private property. And we all get to see what happens to those that don't.
In other words, while the taking was an abomination, Kelo may have been correctly decided legally. See: Kelo & the 14th Amendment: Exploring a Constitutional Koan
It isn’t really in there...it’s in the Declaration.
“the myriad fed agencies”
600 and counting.
Perhaps, but don't expect the various alphabet agencies to go by the ruling. They will continue to act as though they have the power to change laws as they wish.
After Chevron, I want Wickard v. Filburn to be overruled. That case is also anathema to the Constitution, by making every single commercial act, no matter how small and even if taking place wholly within one state, subject to regulation by the Feds. It destroys both state sovereignty and individual liberty, and must be taken down.
It is difficult to understand the extent these agencies interfere with our lives.
I think the bump stock cases are also hitting on Chevron Deference vs the Rule of Lindy (sp?) as well. So we’ll see a few of these coming up soon looks like.
“Perhaps, but don’t expect the various alphabet agencies to go by the ruling. They will continue to act as though they have the power to change laws as they wish.”
Until the local sheriff rolls out the SWAT team against the fascist bureucrats, and the gestapo bureaucracy crawls back in its rat hole.
I can guarantee there are 4 others who share that view. Roberts was the question mark, which I wanted to clear up.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.