The Facts of the Chevron Case [No. 86]

Everyone knows what the Chevron case now stands for - deference to agencies. But what was the case itself actually about? Professor Gary Lawson outlines the facts of Chevron and the historical context in which it arose.
Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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#chevron #no86 #law #administrativelaw #adminlaw

Пікірлер: 109

  • @byronclarke2252
    @byronclarke225225 күн бұрын

    so this got overturned today.

  • @MosesM_ria

    @MosesM_ria

    25 күн бұрын

    That’s why I’m watching this video today.

  • @scizorbullet8185

    @scizorbullet8185

    25 күн бұрын

    We're cooked

  • @user-zu5do6ri6r

    @user-zu5do6ri6r

    25 күн бұрын

    The water has been slowly heating. It'll boil soon.

  • @rusk3986

    @rusk3986

    24 күн бұрын

    By Federalist Society judges, mind you

  • @squidleyskidley

    @squidleyskidley

    22 күн бұрын

    Yeah it’s really sad. And every single one of those conservative judges who overturned it said they would respect precedent during their nomination hearings. They are such liars.

  • @user-br1lt7nq5n
    @user-br1lt7nq5n24 күн бұрын

    So if I’m understanding correctly, unless there is a specific law written by Congress, detailing how produce and meat should be examined before going to market, there’s now no longer a guarantee that the food you eat will be safe for consumption.

  • @staywoke2198

    @staywoke2198

    24 күн бұрын

    There has never been a guarantee..

  • @crazyguywatchnu

    @crazyguywatchnu

    24 күн бұрын

    Yes and it means that politicians should be passing laws instead of vacationing.

  • @iamthereforeistrive9392

    @iamthereforeistrive9392

    24 күн бұрын

    I take is as: now, if a company decides to do some funny business, they can not just shift the blame to a nameless/faceless 3-letter-agency (where that particular bought-out clerk/officer has long moved up the ladder and away from being identified by authorities from being punished) . Now, a SPECIFIC person in that corporation must take responsibility for an illegal act, and be sent to prison. Any one wants to become one? I thought not. That's the point. No more: "oh, these ppl frim that building said it was safe and effective and we must safe the planet" & "oh, no, it was you, ppl yourselves! Well, those that were here before you" kind of a travesty.

  • @notarealperson9709

    @notarealperson9709

    24 күн бұрын

    every regulation law ever written doesn't provide specific details for every single edge case for decades to come... or it would be 1000x longer bill. now, companies can litigate their edge cases in court instead and let judges decide. this is a power grab from one of the 3 pillars of our democracy. you better hope the life-appointed judge in your federal district is competent lol.

  • @codyharney2997

    @codyharney2997

    24 күн бұрын

    ​@@notarealperson9709 it's not a power grab, it is realigning the balance of power. Also it makes 3rd party experts actually repected instead of always siding with "in-house experts" which somehow seemingly side with the "house" to which they belong to.

  • @garlicgirl3149
    @garlicgirl314925 күн бұрын

    A whole bunch of verbiage, to basically say, "How am I going to get around this?" 😑

  • @franky1288
    @franky128817 күн бұрын

    Problem with letting agencies policing themselves and adjudicating there own rules,you get a loop open to corruption

  • @allan339

    @allan339

    17 күн бұрын

    That's what happens when the corporations and the billionaires control the government,.

  • @acd2050
    @acd205023 күн бұрын

    What this will require is an update to how the executive branch operates. There will need to be a law that has some sort of intermediate step in the law making process. Create a law that tasks the agencies to create details and then when finalized a vote by congress on acceptance of these laws. It will force more cooperation between the 2 sides as likely one congress would initiate the task and a new congress would need to do the approval process. This way unelected bureaucrats can’t tell me that because it rained heavily one night and my lawn did not drain properly that my property is now a wetland sanctuary and I’m not allowed to use my land anymore

  • @christina678

    @christina678

    23 күн бұрын

    It would take an amendment change.

  • @enyajungle

    @enyajungle

    14 күн бұрын

    ​@@christina678and half the country just wants to disband the government

  • @StevenKHarrison
    @StevenKHarrison5 ай бұрын

    Legislatures pass laws, experts apply regulations designed to bring compliance with those laws. Most of us out here understand this basic concept. You are looking for ways to circumvent those regulations because they reduce the profits of the corporations that pay you. We know who you really work for and we are not fooled.

  • @Harlem55

    @Harlem55

    3 ай бұрын

    Legislatures pass laws, and The executive passes administrative rules. However, the courts role is that of interpretation. Cheveron is not compatible with seperation of powers because the executive has no proper right of interpretation of the law given the proper executive role in a democracy. The proper executive power is one of enforcement only - and thats before you get to Daubert. (Many cases involving Cheveron also invoke Daubert by their very nature). For this reason alone, I find Cheveron to be bad law, unless 1. we can claim some reason Daubert shouldnt apply against the government. And 2. Create an exception to deal with rule making amuck.

  • @LibertarianRF

    @LibertarianRF

    25 күн бұрын

    Lol....slave??...comment didn't age well

  • @iankmak

    @iankmak

    25 күн бұрын

    You're thinking of the best case scenario. Think of the worst case where federal agencies are violating your civil rights in order to enforce laws. You sue because your civil rights are infringed but the courts can't review the case because "Chevron". Technically the government can't violate your civil rights but if they can evade judicial review then they actually can, which isn't right. It's BS.

  • @Clintondmb

    @Clintondmb

    24 күн бұрын

    I believe you’re going to need to cry more.

  • @eagleclaw1179

    @eagleclaw1179

    24 күн бұрын

    Yes, there are limits on unelected government beurocrats, who want to just make stuff up and it be law… It’s the separation of powers, heard of it? It’s in the constitution, this is America… So, now laws are a power given to congress by WE THE PEOPLE.. The executive branch(President), you know, those unelected bureaucrats…does not have the authority or power to make laws…WE THE PEOPLE, didn’t give that to him..

  • @itheuserfirst3186
    @itheuserfirst318624 күн бұрын

    Power grab.

  • @ajohndaeal-asad6731

    @ajohndaeal-asad6731

    23 күн бұрын

    a big one

  • @lonnyself3920
    @lonnyself392024 күн бұрын

    I lived so much of this most will never know how much that law was need when it was implemented US army radar missile operation NCO 1976 to 1986 , To when it was turned into an albatross that got us 9/11 many other missteps , know why how and what for to bad some interpretation of law is as it is, full circle

  • @smilingpossum7644
    @smilingpossum764418 күн бұрын

    This works both ways! The over regulation side isn’t being presented, neither is the side of the bureaucracies, not having to answer to Congress. But oh well

  • @flippingcars7970
    @flippingcars797022 күн бұрын

    Better Call Sal!

  • @edwardkennelly677
    @edwardkennelly67712 күн бұрын

    We were better off as hunter and gatherers. We will be back to that again, someday.

  • @puckg2454
    @puckg245420 күн бұрын

    Congress should be REMOVING redundant laws, and SIMPLIFYING All Laws - For The People. Complex laws ONLY help Lawyers! Corruption can be gauged by the Number of Laws on the books 😢😮

  • @allan339

    @allan339

    17 күн бұрын

    Here's a thought exercise: write a law. Figure out the loopholes. Close the loopholes. Figure out the loopholes you just opened up by closing the other loopholes. Then rewrite it so it's simple.

  • @enyajungle

    @enyajungle

    14 күн бұрын

    ​@allan339 except it's literally a popularity contest and they don't even read the bills they sign already. It's in their interest to support big donating corporations, I've a feeling many inconvenient regulations for these industries will just magically disappear, regardless of the negative externalities.

  • @folieimposee
    @folieimposee22 күн бұрын

    I was born 86. Cool.

  • @cacsoccer101
    @cacsoccer10114 күн бұрын

    Finally, politicians are lazy in their old age. In this example, the fact that the EPA kept going back and forth is evidence enough that they shouldn't have the power to enforce their policies as if it's law.

  • @Grandcubester

    @Grandcubester

    3 күн бұрын

    It’s actually evidence that they should since all possibilities should be held into question through many experts of differing opinions. Science isn’t always quick. That’s my two cents.

  • @iamthereforeistrive9392
    @iamthereforeistrive939224 күн бұрын

    I take is as: now, if a company decides to do some funny business, they can not just shift the blame to a nameless/faceless 3-letter-agency (where that particular bought-out clerk/officer has long moved up the ladder and away from being identified by authorities from being punished) . Now, a SPECIFIC person in that corporation must take responsibility for an illegal act, and be sent to prison. Any one wants to become one? I thought not. That's the point. No more: "oh, these ppl frim that building said it was safe and effective and we must safe the planet" & "oh, no, it was you, ppl yourselves! Well, those that were here before you" kind of a travesty.

  • @atthebijou8209
    @atthebijou820920 күн бұрын

    2 years ago - ack! - not what I need!

  • @dalecarpenter8828
    @dalecarpenter882812 күн бұрын

    What a line of democrap !

  • @timothyplumley9285
    @timothyplumley928518 күн бұрын

    What this really means, is that politicians will have to actually do their jobs. Politicians will have to make laws that are clear, with no room for interpretation.

  • @allan339

    @allan339

    17 күн бұрын

    Take any single law and write it simply. Now test it for loopholes. It's not as easy as you think.

  • @iamthereforeistrive9392
    @iamthereforeistrive939224 күн бұрын

    So...which agency authorized the removal of my comment?

  • @ajohndaeal-asad6731

    @ajohndaeal-asad6731

    23 күн бұрын

    None. KZread/Google is a private company and can do anything on their platform. You agreed to the terms and conditions

  • @iamthereforeistrive9392

    @iamthereforeistrive9392

    23 күн бұрын

    @@ajohndaeal-asad6731 and what motivated them to drop a TON of $ on having tech to remove it? Convince me they did it on their own volition, "bcs they are a private company". We heard this story before. Before the X discovered cen*oring was done on the orders of the agencies. Could have never known that. Why would we have your confidence now?

  • @ericstandefer9138

    @ericstandefer9138

    19 күн бұрын

    ​@@ajohndaeal-asad6731so you are saying utility companies, if they don't like how you vote, should be able to cut your service. You tube and Google are integral partsxofvlife now. Like utilities, it would be difficult to get along in daily life without them. You can't not agree to there terms, so they shouldn't be able to target customers.

  • @jmfs3497
    @jmfs349716 күн бұрын

    deference is satanic.

  • @dirtydigger3218
    @dirtydigger32185 ай бұрын

    Omg ot does not offset anyty!!!

  • @costcontrolaccounting4613
    @costcontrolaccounting46136 ай бұрын

    Federal agencies making rules aren’t rules, but law. It’s our congress who are required to make laws. Forcing a business to take on federal agents and making them pay for them is tyrannical. When I think of reducing government, I think of reducing the powers these agencies have given themselves.

  • @Harlem55

    @Harlem55

    3 ай бұрын

    The idea behind rule making authority is that congress passes the law and the agency fleshes out the pragmatic details as to how to make it "go" in actual practice. 18 USC 2257 is the classic example. The problem with Cheveron is that Cheveron stands for the proposition that the executive may interpret the law congress passed as to determine what the law requires in this case or that - which is a power properly reserved to the court not the executive agency by reason each branch of government may not delegate its powers to other branches. What Chevron fails to awknowledge is that the non-delegation and seperation of powers doctrines are absolute mandates per the constitutional text considering their purpose. We can create no constitutional exception for the purpose of making the governments life easier if the constitution is to control and constrain the government as intended by its purpose. Phrased differently, the constitution was directly intendend to be a major inconvienence to the government.

  • @GalloPazzesco

    @GalloPazzesco

    2 ай бұрын

    Amen Brother! Preach it!

  • @LibertarianRF

    @LibertarianRF

    25 күн бұрын

    ​@@Harlem55they overreach

  • @weirdfish1216

    @weirdfish1216

    24 күн бұрын

    congress makes laws that the executive branch enforces those laws how they see fit. go back to high school government class.

  • @MrCedrichm

    @MrCedrichm

    24 күн бұрын

    This comment aged well

  • @RyanSilverthorn-yr7gx
    @RyanSilverthorn-yr7gx19 күн бұрын

    Trump promised to give power back to the people!

  • @allan339

    @allan339

    17 күн бұрын

    Unless you're in the billionaire class, he wasn't talking to you.

  • @sdAlex46and2
    @sdAlex46and224 күн бұрын

    Can we get an AMEN THIS IS GONE???

  • @ajohndaeal-asad6731

    @ajohndaeal-asad6731

    23 күн бұрын

    And you are about to get poison in your drinking water from the nearby powerplant and you'll be gone too

  • @squidleyskidley

    @squidleyskidley

    22 күн бұрын

    Nope. Most of us disagree with you. It was an important precedent for safety and public health.

  • @ajohndaeal-asad6731

    @ajohndaeal-asad6731

    22 күн бұрын

    @@squidleyskidley very important

  • @allan339

    @allan339

    17 күн бұрын

    Come back in 5 years and tell me how much you like the constant bouts of diarrhea.

  • @DonnyTheMenace

    @DonnyTheMenace

    16 күн бұрын

    I hope you have a shitload of bottled water... because our water is about to become poisonous