ABSTRACT

Chevron Doctrine: Constitutional and Statutory Questions in Judicial Deference to Agencies, Hearing Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Committee on the Judiciary, U.S. House of Representatives, One Hundred Fourteenth Congress, Second Session, March 15, 2016   [open pdf - 1MB]

This is the March 15, 2016 hearing on "The Chevron Doctrine: Constitutional and Statutory Questions in Judicial Deference to Agencies," held before the U.S. House of Representatives Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Committee on the Judiciary. From the opening statement of Tom Marino: "Today's hearing on the 30-plus-year-old Chevron doctrine presents interesting questions on the current state of the separation of powers, and the role of today's administrative state. [...] In Chevron, the Supreme Court established a framework for how courts should review an agency's interpretation of a statute it administers. As a threshold matter, the court must determine whether the statute at hand clearly speaks to the question addressed by the agency action. If it does, then the court must conclude that the agency acted as Congress willed it. But if the statute is silent, or ambiguous, and congressional intent is not clear, then the court must consider whether or not the agency's interpretation is based on a permissible instruction of the statute. If it is, then the court defers to the agency's interpretation. [...] In short, rather than executing the will of Congress, as set forth clearly through statute, agencies now have the freedom to define the law as they see fit. Some may argue that even the use of Chevron could be avoided by clearer legislation. This is true, and should be a goal for all in Congress. But, as long as Chevron stands, it still will not eliminate the opportunity and incentives for unelected bureaucrats, removed from the effects of their actions to set policy for our entire Nation." Statements, letters, and materials submitted for the record include those of the following: Jonathon Turley, John F. Duffy, George Shepherd, Richard J. Pierce, Emily Hammond, and Jack M. Beerman.

Report Number:
Serial No. 114-68
Publisher:
Date:
2016
Copyright:
Public Domain
Retrieved From:
Government Printing Office: http://www.gpo.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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