A very simple explanation of the Chevron Deference
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Yes, that is a very good explanation.
The Chevron Deference allowed unelected corporations/federal agencies to 'make the law', instead of observing laws, which are written by legislators, who are democratically elected. Hence the completely insane and inhumane revenue gathering.
This phenomenon happened as the word 'outsourcing' became a buzz-word in management, in the governance sphere. So, in the eighties a revolution was triggered called New Public Management. It was a mainly Western idea (but it also happened in post-Soviet countries) that getting 'someone' else - i.e. 'experienced business peeps' rather than 'lazy public servants' - to sort out one's governance issues, spearheaded by Reagan and Thatcher. Keep in mind that at the time, this was mainly a Public Servant Union-busting move. I showing my age here, but I 'memeber the Iron Lady telling us that the Unions were the biggest card-carrying communists in our midst. And yes, they thought they would do a Pinochet-lite. (biffing communists out of 'copters).
The idea was that getting the business-peeps to do this stuff was more economical and efficient. They even coined the phrase: Three E's, to market this idea to the public. Efficiency, Economy and Effectiveness. So there was a jingoistic element of training and the use of comms departments - to make a case to the public - for what was essentially budget-cutting and the removal of the now-redundant, public servants. Some countries, like Finland, had to rebuild their public service from the ground up, when the dust settled.
Look up: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
Politicians and corporate media can take a running jump, BTW. We the people have to take it all apart now and start at the beginning. And yes, we DO need legislators that WE elect, to make the laws. No more ideologically driven 'circular economies' (WTF even is that?).
You also added some good info. Yes "outsourcing" was the buzzword of the eighties. But business-peeps used it to make lots of money for themselves.
zigacktemento - the way the system was set up before the NPM (NEw Public Management) asset-stripping of the eighties and nineties, and even the noughties, was a post-WW2 system that did appear to be socialist, in that many people needed help from public servants, with re-building, and keeping everyone calm (think: friendly bobby on the beat). There was an element of the government being there to help - but the 70's (post-Vietnam) energy-crisis made it seem that the public service was a drain on resources (akshully it was war-debt, but people don't want to talk about that).
However, such a system has disadvantages: One problem was that the old system relied heavily on hierarchy, and there was a strong wiff of upward-brown-nosing and downward-slave-stomping. This, in theory is cured with a meritocracy - much like the Chinese and the Russians are doing now - as a 'cure' for the traditionally hierarchical 'communism'. (Although arguably the Russians and the Chinese were aware of promoting academic prowess - see the Russian movie: AK47 Kalashnicov - https://en.wikipedia.org/wiki/AK-47_(2020_film).
Often the outsourced “experts” were related.
Bless you for this post and info.
Yes... perfectly explained!
Hopefully this means the senior executive service (SES) is going to lose their grip over the executive branch and go away... that got put in place under peanut farmer...
Yes! Most people are not even aware of the SES...a totally redundant 'branch' that can't be terminated...🤬
“Why didn’t trump fire all these people?”
“Because the president isn’t in charge of the administrative branch, and it’s not legal for him to fire them except in egregious cases.”
“Wait, what? The president can’t fire his own people?”
“They don’t work for the president.”
“Who.. do they work for..?”
They work for their own career advancement.
...there needs to b a full investigation into the [ SES ]
Yes, that is my hope. Slightly tangent, but in a similar vein: The CE of a local municipality gets cash-money 10X what a gum-shoe bureaucrat gets. And what do they really do? Most spend, spend on career-making 'monuments'. Publicly visible projects that soak up endless $$$. Of course subsequent councils then have to raise the rates to pay off the debt. Disgusting.
I don't think councils work, or should be structured like, corporations, TBH. More often than not, the bureaucrat should be an umbrella AGAINST over-legislation, with empathy for the littlest rate-payer. And they don't need a board of directors telling them how to do that job, nor will it help to outsource those 'boring', little joblets to 'professionals' (exec idea). BEcause guess what? Those private sector peeps charge double the rate, for an over-inflated, gold-plated, but sloppy, job.
Another action step is needed. . .Law needs to set "line" over which the Bureaucrats may not cross without severe penalty. . ,like immediate termination, loss of all benefits and recompence to individuals for attorney fees and time lost to challenge such action. After 40 years of overstepping authority, , ,too easy to forget just one more time and the public is so accustomed to such overstep it might be accepted.
agree
I second this.
Great idea
GUD1 TU
That was the simplest explanation that I have read.
Does this mean I'll no longer need an overpriced bullshit "tax stamp" just to protect my ears?
I have a simple point here. Before Katrina, we had no IRC…international residential code for home construction (local inspectors only). Anyone could build a house based upon reputation or affordability. The new code put many out of business in favor of large home builder organizations, and guess what? Prices went up! The first argument was that the new homes were safer. I disagree. Most of the seventy year old slab homes are still standing and occupied. With the regulations of r values, handicap requirements, etc., the price has gone up exponentially. Choice was eliminated for those who could not afford to build. My point, sorry for rambling, is that freedom to choose was eliminated, causing harm to the country. Government is not your friend.
It's not a builder organization problem. I lived in and worked on homes built in the 60s etc. We don't need more of that shit. They weren't safer and they're energy hogs. Prices went up because of the Community reinvestment act, Barney Frank, Chris Dodd, Fannie Mae and Freddie Mac. Now it's been compounded by immigration, Blackrock, and unending spending.
You can still build a 1200sq ft'ish home today that exceeds passive home standards for under 250k. Just good luck finding the land to put it on because a bunch of junk homes with overinflated values occupy the that land...
You are correct that as built, the older homes used a bit more electricity and gas. But minor retrofits such as added attic insulation and insulated windows can go along way without a tremendous cost. Also keep in mind that every tradesperson must be licensed….another layer of cost vs. a Jack of all trades type that could do the same quality work for less than half the cost. I could build a 1200 s.f.home for $100,000. And it would meet the code. But I’m not “allowed” to do it. And there are others I know that could do the same.
Jack of all trades are usually masters of nothing. All these "fixes" people do to their homes on a budget more often than not compound problems because they don't know what they're doing. Most trades people don't either, that's why it's best to start with a blank slate and Keep It Simple Stupid.
Adding attic insulation doesn't stop air leakage or control moisture. You just end up with more dust coming through your wall penetrations. Things like attic fans do nothing but jack of all trades are all to happy to take your money and install them.
Once you start sealing these leaking homes up all that dirty air coming through every crack no longer supplies the air that's being burned up by the furnace, hot water tank, or exhausted by the stove exhaust. You have to add makeup air which introduces a whole bunch of other issues which don't get addressed on a budget.
Thanks for sharing this. Yes, so many were hurt by this. I love these stories we are all sharing because it shows how wide ranging these regulations have been throughout our country.
This was a good comment as well.
https://x.com/i/status/1807513350403707233
Just like J6-ers who will be freed due to the USSC decision in the Fisher case, there are people serving prison time based on the renderings of "experts." I see quite a number of convictions being overturned here.
I didn't think of that. That would be great. Looks like lawyers will get a lot of work.
"For those who don't understand what Chevron Deference is, and why SCOTUS ended it, here's the long and short of it:
A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn't afford the $700 per day they were being charged by the National Marine Fisheries Service to monitor their company.
The thing is, federal law doesn't authorize NMFS to charge businesses for this. They just decided to start doing it in 2013.
Why did they think they could away with just charging people without any legal authorization?
Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the "experts" in their field, and the courts should just defer to their "interpretation" of the law.
So for the past 40 years, federal agencies have been able to "interpret" laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
It's how the OHSA was able to decide that everyone who worked for a large company had to get the jab, or be fired.
No law gave them that authority, they just made it up.
It's how the ATF was able to decide a piece of plastic was a "machine gun".
It's how the NCRS was able to decide that a small puddle was a "protected wetlands".
It's how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the "experts".
Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not. Just off to jail you go.
That's what Chevron Deference was.
It was not only blatantly unconstitutional, it caused immeasurable harm to everyone.
Thankfully, it's now gone.
We haven't even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we'll all be better of for it.
And that's why politicians and corporate media are freaking out about it."
The chevron defense allowed the tyranny of bureaucracy to spread like knotweed, digging its destruction into all aspects of life
Now that's a good question.