SCotUS removal of Chevron Defense, a step towards nullifying three letter agencies..
(www.scotusblog.com)
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Love this post. Great info!
If I might clarify one thing:
The “branch” that makes these rules isn’t actually the executive branch. It’s a semi-official 4th branch that was likely created by either the Civil Service Commission (1871) or the Administrative Procedures Act (1946) (not a law expert and accounts vary. Feel free to dig into the acts) https://www.justia.com/administrative-law/
A big reason Trump wasn’t able to fire people who were clearly pulling shenanigans was that he isn’t legally authorized to do so because they’re in “Independent Agencies” rather than “Executive Agencies”. There are many laws around how those people may be dealt with.
Long story short, the “branch” drafting these “rules” is just a big protected, racketeered, unconstitutionally delegated bunch of leeches and petty tyrants who aught never have been allowed to have their powers delegated to them, and aren’t under the control of either Congress or the President.
Chevron will be huge.
Correct. The confusion is found in the fact that they serve executive functions (i.e., enforcement functions), yet do not operate under direct control of the executive/enforcement branch of government that was outlined in the Constitution. The simple fact that any FBI unit has ever been allowed to investigate any President without immediately getting fired should tell you that. Congress has that power to launch investigations into Presidents of their own accord. Seeing the FBI do it to Trump should have made us all laugh, but because they really are a fourth branch of government under Chevron, we all just had to sit there, as did Trump, and watch it happen.
Great comment. The administrative state is very troubling indeed.