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posted ago by ITOLDYOUSO ago by ITOLDYOUSO +12 / -0

While reading through the EPA v WVA case I came across something that I had never hear of before...

In 1984 (no coincidence there) the Supreme Court gave the federal government agencies the legal superiority to be the expert opinion in a legal mater. This was called the Chevron Deference, https://www.law.cornell.edu/wex/chevron_deference

This gave the federal agencies (who are unelected officials) the ability to be the ones who are the "expert option" and have authority to interpret the law is court cases/congressional hearings etc.

The federal agencies are referred to as the 4th branch of the Government, and for good reason. Our executive branch and congress are our elected officials, but the congress had delegated the "expert" interpretation of the law at the authority of the supreme court. The Federal agencies then became the way to guide policy in the US and easily by getting the right people into the agencies to control policy. Trump understood this and passed an executive order (never went into effect) that would schedule all federal agency employees as "Schedule F" and would be subject to the authority of the Executive branch.

Fast forward to the EPA v WVA case. We all know that the ability for congress to delegate law making to the federal agencies was revoked. The Chevron Deference was reversed by this case* this is a big deal! this mean that the "expert opinion" interpretation of all federal agencies is no valid.

Consider the implications, Federal reserve does not have the expert opinion on what to do with printing money, interest rates, etc. The ATF no longer has the expert opinion on what firearms Americans can own, The FBI is no longer more expert than local sheriffs and so on with every federal agency.