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Contra the opinions expressed by recent observers (C&EN, July 8/15, 2024, page 3, and Aug. 12/18, 2024, page 3), I fully support the recent Supreme Court decision on Loper Bright Enterprises.My reading and experience are that regulatory agency officials will essentially always act to expand the scope of their authority, their powers, and their budgets.To allow such officials to unilaterally determine that scope seems very unconstitutional.The Constitution is a system of enumerated powers.It is not a blank check to agencies that get to unilaterally decide the extent of their authority.Or to redefine words (e.g., pollutant) beyond the meaning intended by Congress.Whatever happened to concepts like separation of powers and checks and balances?Perhaps with the Loper Bright decision we can start in some small way to get back to a state in which the Constitution actually matters.If that causes a problem with some agencies, here's the solution: stop overreaching your clear authority.If an interpretation of a statute is vague, how about deciding on the other side of your own vested power interests?After all, Abraham Lincoln's Gettysburg Address did not say, "Government of the administrative state, by the administrative state, and for the administrative state."No, I'm pretty sure "the people" were mentioned in there somewhere.

Publication Details

Journal
C&EN Global Enterprise
Published
2024-09-23
DOI
https://doi.org/10.1021/cen-10229-ads
Primary Topic
Diverse Legal and Medical Studies
Type
article
Field-Weighted Citation Impact
0.00
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Abstract

Contra the opinions expressed by recent observers (C&EN, July 8/15, 2024, page 3, and Aug. 12/18, 2024, page 3), I fully support the recent Supreme Court decision on Loper Bright Enterprises.My reading and experience are that regulatory agency officials will essentially always act to expand the scope of their authority, their powers, and their budgets.To allow such officials to unilaterally determine that scope seems very unconstitutional.The Constitution is a system of enumerated powers.It is not a blank check to agencies that get to unilaterally decide the extent of their authority.Or to redefine words (e.g., pollutant) beyond the meaning intended by Congress.Whatever happened to concepts like separation of powers and checks and balances?Perhaps with the Loper Bright decision we can start in some small way to get back to a state in which the Constitution actually matters.If that causes a problem with some agencies, here's the solution: stop overreaching your clear authority.If an interpretation of a statute is vague, how about deciding on the other side of your own vested power interests?After all, Abraham Lincoln's Gettysburg Address did not say, "Government of the administrative state, by the administrative state, and for the administrative state."No, I'm pretty sure "the people" were mentioned in there somewhere.

C&EN Global EnterpriseVol. 102(29)
Openalex Percentile: Top 72%
Diverse Legal and Medical Studies
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