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The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State by Thomas W Merrill Full Page
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A leading expert on the administrative state describes the past, present, and future of the immensely consequential--and equally controversial--legal doctrine that has come to define how Congress's laws are applied by the executive branch.The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. 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
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