Chevron Solutions: Restoring the Separation of Powers in a Post-Chevron Landscape

Abstract

The erosion of congressional authority in the face of expanding executive power, particularly through administrative agencies, is critical. A robust and functional Congress is essential for maintaining the balance of power within the democratic system. This paper delves into the history and impact of Chevron deference. This doctrine granted agencies interpretative authority over ambiguous statutes, highlighting the consequences of Congress’s failure to assert its policy-making responsibilities. This passive legislative stance has allowed the executive branch to dominate national policy decisions, often leading to legal disputes and unstable policies subject to change with each presidential administration. The Court’s recent decision in Loper Bright v. Raimondo overturned that doctrine but left no clear next steps. This paper does. It advocates for reforms to reclaim Congress’s central role in governance, ensuring it effectively checks executive power and upholds constitutional principles; a clear definition of the limits of congressional delegation by defining generally applicable rules of private conduct; or no action at all, following the states use of deference in a post-Chevron context.

Keywords: Separation of Powers, Administrative Law, Loper Bright, Chevron Deference, Nondelegation Doctrine