Judicial Fortitude: The Last Chance to Rein in the Administrative State

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“Judicial Fortitude: The Last Chance to Rein in the Administrative State” by Peter J. Wallison argues that the administrative agencies of the executive branch are gradually taking over the legislative role of Congress. The courts bear the major responsibility for this because they have failed to carry out their primary constitutional responsibility: to assure that the elected branches of the government ― Congress and the president (including the executive branch that the president controls) — remain independent and separate from one another. Since 1937, and especially with the Chevron doctrine adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed administrative agencies great latitude in interpreting their statutory authorities and enabled unelected officials to make decisions for the American people that should be made by Congress. As a result, unnecessary regulation has imposed major costs on the US economy, the separation of powers has been compromised, and erosion of the role of a representative Congress creates a significant threat that Americans will question the legitimacy of the US government’s decisions in the future.