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There should be rejoicing throughout the land – the Supreme Court has struck a blow in favor of the Constitution and against the unconstitutional administrative state. Last week, the Supreme Court rendered a decision in Loper Bright Enterprises v. Raimondo to overturn Chevron deference – a monumental win for the Constitution. If you hadn’t heard of it before, the Chevron deference required federal courts to defer to a federal agency’s interpretation of a law to determine whether it was vague or reasonable. This bureaucratic overreach has existed for 40 years and has given rise to the administrative state – sometimes referred to as the “fourth branch of government”. There are three branches of government, not four, and only one has the power to make laws.
Over time, this unaccountable bureaucracy has gradually undercut the doctrine of separation of powers laid out by our Founders. According to the Constitution, Article I vests the power to make law in the Congress. Article II vests the power to enforce law in the presidency. And Article III vests the power to interpret law in the courts. In no Article are all three powers—to make, enforce, and interpret the law— jointly vested in a managerial bureaucracy of 1.8 million unelected civil service employees. The very idea is offensive to our Founding.
The 40-year experiment of Chevron-deference has allowed the bureaucracy to aggrandize nearly unlimited power, culminating in the Biden administration exceeding its authority from sea to shining sea and from cradle to grave with overregulation. For example, take President Biden’s gargantuan student loan bailout the Supreme Court outright rejected. Despite this rejection from the Supreme Court, the Biden administration continues to claim the power to implement its student loan bailout under even more ambiguous legal pretenses. As you can tell, this is a serious problem.
President Biden’s National Labor Relations Board (NLRB) is yet another example of the unforeseen consequences of Chevron-deference. Within the NLRB, bureaucrats command the power to create law, execute law, and adjudicate legal conflicts. With Chevron deference having been sent to the grave where it rightfully belongs, bureaucratic overreach has suffered a serious blow – a good first step towards restoring the proper role of Congress, the courts, and the presidency.
Standing Firm
In case you missed it, I joined Speaker Mike Johnson, former Secretary of Education Betsy DeVos, former NCAA swimmer and current women’s sports advocate Riley Gaines, and International Women’s Forum chairwoman Heather Higgins to celebrate the 52nd anniversary of the enactment of Title IX. I remember when Title IX was passed in 1972. I was working at Appalachian State University at the time, and it was passed in a bipartisan way. Both sides understood back then the inherent unfairness of women not having equal opportunity in the classroom and in athletics. Today, we unfortunately have to relitigate the basic truth that women deserve equal access to scholarships and the opportunity to compete in their own sports. House Republicans remain committed to protecting this law from the Biden administration’s senseless attacks and radical gender ideology.
To watch the full panel discussion, click here.
Independence Day
Yesterday marked the 248th anniversary of the signing of the Declaration of Independence. It was looked upon then as it is today: as a revolutionary document that affirms the freedom of the individual. We should, on every Independence Day, give thanks to the Lord that the 56 men who signed that document risked their lives, and honor, in defense of the freedom that still resides here today. We should always remain forever grateful.
Quote of The Week
“You will never understand bureaucracies until you understand that for bureaucrats, procedure is everything and outcomes are nothing.”
-Thomas Sowell
Have a blessed weekend,
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