"My guns were safer under Obama, blah, blah..."

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • DoggyDaddy

    Grandmaster
    Site Supporter
    Rating - 100%
    73   0   1
    Aug 18, 2011
    103,105
    149
    Southside Indy
    I've been hearing about "Chevron deference" (mentioned in Mike's post) and wasn't really familiar with it so I finally looked it up. What a load of crap it is!

    https://ballotpedia.org/Chevron_deference_(doctrine)

    [h=4]Step one
    [/h]A court must determine whether Congress expressed intent in the statute and, if so, whether or not the statute's intent is ambiguous.

    • If the intent of Congress is unambiguous, or clearly stated, then the inquiry must end. Agencies must carry out the clearly expressed intent of Congress.
    • If, however, the intent of Congress is unclear, or if the statute lacks direct language on a specific point, then a federal court must decide whether the agency interpretation is based on a permissible construction of the statute—one that is not arbitrary or capricious or obviously contrary to the statute.
    [h=4]Step two[/h]In examining the agency's reasonable construction, a court must assess whether the decision of Congress to leave an ambiguity, or fail to include express language on a specific point, was done explicitly or implicitly.

    • If the decision of Congress was explicit, then the agency’s regulations are binding on federal courts unless those regulations are arbitrary, capricious, or manifestly contrary to statute.
    • If the decision of Congress was implicit, then so long as the agency's interpretation is reasonable, a federal court cannot substitute its own statutory construction superior to the agency's construction.[SUP][[/SUP]
     
    Top Bottom