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Supreme Court Can Deliver Overdue Check On Executive Power

via Harvard Online
This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

The Supreme Court is set to hear cases that may lead to the overturning of the Chevron doctrine, a 40-year-old precedent.

The cases involve a Commerce Department regulation requiring fishermen to pay for federal fishing monitors, a power not explicitly granted by Congress.

The Commerce Department argues that under Chevron, it has the authority to invent this power.

Critics argue that this undermines the role of Congress and leads to unpredictable federal law.

They believe the Supreme Court has the opportunity to remove this shortcut.

Additionally, it’s noted that Congress has largely stopped legislating on major topics, and presidents have increasingly used executive power, with Chevron enabling this abuse.

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