The End of the Chevron Doctrine?
BY Herschel Smith
1 year, 6 months ago
In another very interesting and insightful video, Mark makes a very good case for the reason and justification for the supreme court having accepted this case with one justice recusing herself in the case.
He predicts the end of the Chevron doctrine within a year. I hope so. The deep state needs to take a very large blow to their authority. I don’t even believe the three-letter agencies have a constitutional right to exist.
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On May 1, 2023 at 10:03 pm, PGF said:
Realizing that it falls under a different scope, if deference to the agency will be overruled, and it should, what about the monumental problems with deference to police including the outrageous qualified immunity?
On May 2, 2023 at 12:33 am, scott s. said:
IANAL, but I don’t see any relation. This I think pertains solely to situation where Congress enacts legislation saying something to the effect “”The Secretary may prescribe such rules and regulations as he deems
reasonably necessary to carry out the provisions of this chapter, in-
cluding—
(1) …”
This from Gun Control Act of 1986 Title I Sec 102 which added USC title 18 section 926.
On May 2, 2023 at 4:09 pm, Jack Crabb said:
” I don’t even believe the three-letter agencies have a constitutional right to exist.”
Hear! Hear! I wish that everyone knew and understood this and that there were something we could do about the cretins that violate the Constitution at every turn. (I have a couple extra legal ideas, but, well, they ARE extra legal.)
On May 2, 2023 at 7:49 pm, Sisu said:
PGF,
“(Q)ualified immunity” is not a policy of deference, it is a shield against civil suits enjoyed by law enforcement officers when in performance of their law enforcement duties they use erroneous or negligent judgment, thus giving rise to a tort violation (an act or omission which results in harm or injury to another), or violation of another’s constitutional (enumerated and unenumerated rights) protections.
It goes “hand-in-hand” with the doctrine of “no duty to protect individuals, only society at large” (the latter being a “feel good”, “I’m important … that’s why I get paid and I don’t need risk my health for anyone individual … Eh, maybe after I detain or arrest them (but the blue line)” mantra.
Both qualified immunity and “no duty to protect” doctrines, and the Chevron Doctrine are SCOTUS “constructs”. But, in the establishing the Chevron doctrine not only did SCOTUS “make federal law” (who the heck needs congress, and as far as the Constitution was concerned SCOTUS effectively said: “Trust us we have the power to do this. We’re the ones who have last say on what that document says.”), but Scotus also delegated legislative powers to the unelected bureaucrats in the Executive Branch.
Prof. Smith explains this more fully.
I hope his predictions come to be, and the administrative state is “kneecapped”. And, then we get a new Chief Executive who reinstates Trump’s “Schedule F” as a means of terminating the employment of most if not all of the ideologues in the “senior executive service (SES)”.
On May 5, 2023 at 8:55 am, Ned said:
To learn more about horrors visited upon citizens with zero legal remedies due to qualified immunity check out “I’m from the Government and I’m Here to Kill You: The True Human Cost of Official Negligence” by David T. Hardy
https://www.amazon.com/Government-Here-Kill-You-Negligence/dp/1510722262