6min chapter

We the People cover image

Will The Supreme Court Overturn Chevron?

We the People

CHAPTER

Deference Theory and Its Implications

This chapter explores the historical arguments surrounding judicial deference and its consistency with the framers' views, discussing its invention in the 20th century and counter arguments tracing the debate back to the founding era. It highlights the impact of Marbury v. Madison, the administrative regulatory state, and emphasizes the importance of the judiciary's role in interpreting the law and cautioning against excessive administrative power.

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