Study Guide for the Chevron Doctrine by Thomas W. Merrill

The legal concept that governs how Congress' legislation is implemented by the executive branch has been described by a major expert on the administrative state. The history, present, and future of this legal doctrine are discussed in this book. The Constitution entrusted Congress with the primary role of enforcing federal law. The problems confronting our society are outpacing Congress's ability to act for a number of reasons, including party deadlock. The executive...
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The legal concept that governs how Congress' legislation is implemented by the executive branch has been described by a major expert on the administrative state. The history, present, and future of this legal doctrine are discussed in this book. The Constitution entrusted Congress with the primary role of enforcing federal law. The problems confronting our society are outpacing Congress's ability to act for a number of reasons, including party deadlock.

The executive branch agencies that interpret existing laws and the courts that evaluate their interpretations have gained power as a result. Natural Resources Defense Council, the Supreme Court's 1984 ruling on judicial review of agency interpretations of ambiguous legislation, mandated that courts must support agency interpretations if they are "reasonable." Critics and Supreme Court judges have reacted angrily to the Chevron" theory, which states that courts, not administrative bodies, have the ability to determine what the law is. Administration critics also allege that the Chevron deference allows the unaccountable bureaucratic authority to exist.

Jessie Schoellman, a professional writer and reviewer, analysis Chevron doctrine expert Thomas Merrill, who examines the history and far-reaching effects of the concept and offers a path forward. Jessie opposes the idea of getting rid of the administrative state since Congress can't help but depend on agencies to carry out its legislation. When it comes to how agencies and courts should interpret laws, this book focuses on the strengths and shortcomings of these two institutions. Rule of law and constitutional ideals are better enforced by courts, whereas agencies have greater policy competence and are open to public participation. In contrast to the courts, agencies are subject to some degree of political control. In the author's view, the best answer is not of the either-or kind. Our legislative is becoming more ineffective, and neither executive agencies nor courts should take up the slack.

This is an unofficial study guide for The Chevron Doctrine. This book is not a replacement or alternative for the original book, nor does the author or publisher endorse it. This book is a meticulously crafted study guide in line with the original book that provides insight for improved reading and comprehension.