The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

The administrative state is a controversial legal doctrine that has defined how Congress's laws are applied by the executive branch. It faces backlash from constitutional scholars and Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Thomas Merrill reviews the history and consequences of the Chevron doctrine and suggests a way forward. He rejects the notion of discarding the administrative state but focuses on the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions.

Format: Hardback
Length: 368 pages
Publication date: 27 May 2022
Publisher: Harvard University Press

A renowned authority on the administrative state delves into the past, present, and future of a highly influential and contentious legal doctrine that has shaped the application of Congress's laws by the executive branch.

While the Constitution grants Congress the primary role as the federal legislator, various factors, such as partisan gridlock, have hindered Congress's ability to address the evolving challenges facing our society effectively. As a result, power has gradually shifted to the executive branch agencies responsible for interpreting existing laws, as well as the courts that review these interpretations.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, judicial review of agency interpretations of unclear laws has been characterized by a high degree of deference. Courts are required to uphold agency interpretations as long as they are deemed "reasonable." However, this doctrine has faced criticism from constitutional scholars and, more recently, from Supreme Court justices who argue that courts, rather than administrative agencies, should have the authority to determine the meaning of the law.

Critics of the administrative state also argue that Chevron deference fosters unaccountable bureaucratic power. In response, Thomas Merrill offers a comprehensive review of the history and profound consequences of the Chevron doctrine. Recognizing the inherent reliance of Congress on agencies to implement laws, Merrill rejects the notion of abolishing the administrative state altogether. Instead, he proposes a thoughtful approach to the proper relationship between agencies and courts in interpreting laws, considering the strengths and weaknesses of these institutions.

Courts are well-suited for enforcing the rule-of-law and constitutional values, benefiting from their impartiality and expertise. On the other hand, agencies possess extensive policy knowledge and receive substantial public input, enabling them to adapt to changing circumstances and implement policies effectively. However, agencies are subject to certain checks and balances, such as congressional oversight and judicial review, which help maintain their accountability and ensure that their actions are consistent with the law.

In conclusion, the administrative state has played a significant role in shaping the application of Congress's laws by the executive branch. While it has faced challenges and criticisms, it is important to strike a balance between the authority of agencies and courts in interpreting laws. By recognizing the unique strengths and weaknesses of these institutions, we can strive for a more efficient and effective governance system that upholds the rule of law and serves the interests of the American people.

Weight: 632g
Dimension: 166 x 242 x 36 (mm)
ISBN-13: 9780674260450