EPISODE · Jun 27, 2023 · 10 MIN
The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State by Thomas W. Merrill
from Full Trial Audiobooks in Non-Fiction, Current Affairs, Law, & Politics · host Glenna Pagac
Please visit https://thebookvoice.com/podcasts/1/audiobook/675565 to listen full audiobooks. Title: The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State Author: Thomas W. Merrill Narrator: Mike Chamberlain Format: Unabridged Audiobook Length: 12 hours 41 minutes Release date: June 27, 2023 Genres: Current Affairs, Law, & Politics Publisher's Summary: The Constitution makes Congress the principal federal lawmaker. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are 'reasonable.' But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.
What this episode covers
Please visit https://thebookvoice.com/podcasts/1/audiobook/675565 to listen full audiobooks. Title: The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State Author: Thomas W. Merrill Narrator: Mike Chamberlain Format: Unabridged Audiobook Length: 12 hours 41 minutes Release date: June 27, 2023 Genres: Current Affairs, Law, & Politics Publisher's Summary: The Constitution makes Congress the principal federal lawmaker. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are 'reasonable.' But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.
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The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State by Thomas W. Merrill
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