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The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

Description:

A leading expert on the administrative state describes the past, present, and future of the immensely consequential―and equally controversial―legal doctrine that has come to define how Congress’s laws are applied by the executive branch.

The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies’ interpretations.

Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are “reasonable.” But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline.

The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

Read more

Editorial Reviews

Review

“Wise and illuminating…Merrill’s treatment of the rise of Chevron, and its various twists and turns over the decades, is keenly insightful.”―Cass R. Sunstein, New York Review of Books

“Merrill’s book tracks the doctrine’s history from its curious origins through its unlikely rise and expansion in a hundred-plus Supreme Court decisions to the fairly recent ‘sudden collapse of support for the doctrine’ among legal scholars and judges. His chapters on Chevron’s tortuous trajectory are a must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government.”―Michael S. Greve, Claremont Review of Books

“Merrill has provided a rich account of how the Chevron doctrine came to be…A thorough and theoretically sophisticated legal analysis.”―William F. West, Congress & the Presidency

“Merrill’s rich history, his weighing of the comparative advantages of judicial and agency lawmaking, and his reflections on judicial and political choices to date provide informative guideposts for future decisions.”―Choice

“Students of administrative law, the Constitution, Congress, or the federal courts will find much to mull about the operation and legitimacy of the U.S. administrative state.”―Library Journal

“Merrill’s interpretive and reform arguments in this fine work of scholarship are mature and sophisticated. This deeply considered work will enrich the ongoing debate.”―Ronald M. Levin, Washington University School of Law

“Tom Merrill is one of the best scholars in the nation to undertake a book-length treatment of the Chevron doctrine. Thoughtful and nuanced, Merrill’s The Chevron Doctrine will be a ‘must-read’ not only for any lawyer or scholar involved in the field of administrative law, but also for any scholar interested in American legal thought of the past half century.”―John F. Duffy, University of Virginia School of Law

“This book is a model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s.”―Nicholas Parrillo, Yale Law School

“Tom Merrill is one of the brightest and best scholars of administrative law, and in particular of the Chevron doctrine, in his generation. This book sheds new light on the most controversial subjects in the law of the separation of powers and in administrative law. It is must-reading for any citizen who has an interest in the constitutionality of the administrative state.”―Steven G. Calabresi, Northwestern University Pritzker School of Law

About the Author

Thomas W. Merrill is the Charles Evans Hughes Professor at Columbia Law School. A former Deputy Solicitor General in the Department of Justice, he is a member of the American Academy of Arts and Sciences and has twice been honored by the American Bar Association for his work on administrative law.

Reviews:

1.0 out of 5 stars Book is printed backwards and upside down.

A.C. · January 25, 2025

(function() { P.when('cr-A', 'ready').execute(function(A) { if(typeof A.toggleExpanderAriaLabel === 'function') { A.toggleExpanderAriaLabel('review_text_read_more', 'Read more of this review', 'Read less of this review'); } }); })(); .review-text-read-more-expander:focus-visible { outline: 2px solid #2162a1; outline-offset: 2px; border-radius: 5px; } The book is backwards--not only does it read right to left, but the cover is upside down.

5.0 out of 5 stars Great Discussion of a Critical Ruling

D.T.M. · September 19, 2022

This book is about the Chevron ruling of the Supreme Court. Simply stated Chevron states that if Congress passes a bill that makes no sense then the Administrative agency to which it applies gets to decide all on its own.All too often Congress passes bills where definitions of things that Congress rules on are vague, missing, wrong, outdated etc. Thus rather than correcting the bill the Supreme Court in its wisdom in Chevron stated that the Agency in charge gets to decide. Needless to say this leads to chaos. But alas it is Washington.Worse yet is that all too many Bills are "written" by the invisible hand of lobbyists, never read by the members of Congress and all too often have these surprise bombs just waiting to explode. Worse yet when Agencies decide then it is some un-elected bureaucrat who gets to make up the laws!The author goes through the law, the Court ruling, the impact and the changes. The author suggests a remedy of having public comment. However in my opinion and in my experienced that is a totally rigged approach. It is merely a cover that allows the Agency to do whatever it wants. This is often the results of having lobbyists and interested parties skewing the public comments.Ultimately the real solution is if a law is ambiguous then send it back to Congress and get them to do it right. In the meantime the law is vacated.This book portrays one of the many weaknesses of Congress and the ability of the Executive branch to effectively make their own laws.

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The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

Product ID: U0674260457
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4.1

AED16923

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Order today to get by 7-14 business days

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Imported From: United States

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Unless otherwise stated, all prices displayed on the product page include applicable taxes and import duties.

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Visit the Thomas W. Merrill (Author) Store

The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

Product ID: U0674260457
Condition: New

4.1

The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State-0
Type: Hardcover

AED16923

Price includes VAT & Import Duties
Availability: In Stock

Quantity:

|

Order today to get by 7-14 business days

Delivery fee of AED 20. Free for orders above AED 200.

Returns & Warranty policies

Imported From: United States

At BOLO, we work hard to ensure the products you receive are new, genuine, and sourced from reputable suppliers.

BOLO is not an authorized or official retailer for most brands, nor are we affiliated with manufacturers unless specifically stated on a product page. Instead, we source verified sellers, authorized distributors or directly from the manufacturer.

Each product undergoes thorough inspection and verification at our consolidation and fulfilment centers to ensure it meets our strict authenticity and quality standards before being shipped and delivered to you.

If you ever have concerns regarding the authenticity of a product purchased from us, please contact Bolo Support. We will review your inquiry promptly and, if necessary, provide documentation verifying authenticity or offer a suitable resolution.

Your trust is our top priority, and we are committed to maintaining transparency and integrity in every transaction.

All product information, images, descriptions, and reviews originate from the manufacturer or from trusted sellers overseas. BOLO is not affiliated with, endorsed by, or an authorized retailer for most brands listed on our website unless stated otherwise.

While we strive to display accurate information, variations in packaging, labeling, instructions, or formulation may occasionally occur due to regional differences or supplier updates. For detailed or manufacturer-specific information, please contact the brand directly or reach out to BOLO Support for assistance.

Unless otherwise stated, all prices displayed on the product page include applicable taxes and import duties.

BOLO operates in accordance with the laws and regulations of United Arab Emirates. Any items found to be restricted or prohibited for sale within the UAE will be cancelled prior to shipment. We take proactive measures to ensure that only products permitted for sale in United Arab Emirates are listed on our website.

All items are shipped by air, and any products classified as “Dangerous Goods (DG)” under IATA regulations will be removed from the order and cancelled.

All orders are processed manually, and we make every effort to process them promptly once confirmed. Products cancelled due to the above reasons will be permanently removed from listings across the website.

Description:

A leading expert on the administrative state describes the past, present, and future of the immensely consequential―and equally controversial―legal doctrine that has come to define how Congress’s laws are applied by the executive branch.

The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies’ interpretations.

Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are “reasonable.” But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline.

The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

Read more

Editorial Reviews

Review

“Wise and illuminating…Merrill’s treatment of the rise of Chevron, and its various twists and turns over the decades, is keenly insightful.”―Cass R. Sunstein, New York Review of Books

“Merrill’s book tracks the doctrine’s history from its curious origins through its unlikely rise and expansion in a hundred-plus Supreme Court decisions to the fairly recent ‘sudden collapse of support for the doctrine’ among legal scholars and judges. His chapters on Chevron’s tortuous trajectory are a must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government.”―Michael S. Greve, Claremont Review of Books

“Merrill has provided a rich account of how the Chevron doctrine came to be…A thorough and theoretically sophisticated legal analysis.”―William F. West, Congress & the Presidency

“Merrill’s rich history, his weighing of the comparative advantages of judicial and agency lawmaking, and his reflections on judicial and political choices to date provide informative guideposts for future decisions.”―Choice

“Students of administrative law, the Constitution, Congress, or the federal courts will find much to mull about the operation and legitimacy of the U.S. administrative state.”―Library Journal

“Merrill’s interpretive and reform arguments in this fine work of scholarship are mature and sophisticated. This deeply considered work will enrich the ongoing debate.”―Ronald M. Levin, Washington University School of Law

“Tom Merrill is one of the best scholars in the nation to undertake a book-length treatment of the Chevron doctrine. Thoughtful and nuanced, Merrill’s The Chevron Doctrine will be a ‘must-read’ not only for any lawyer or scholar involved in the field of administrative law, but also for any scholar interested in American legal thought of the past half century.”―John F. Duffy, University of Virginia School of Law

“This book is a model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s.”―Nicholas Parrillo, Yale Law School

“Tom Merrill is one of the brightest and best scholars of administrative law, and in particular of the Chevron doctrine, in his generation. This book sheds new light on the most controversial subjects in the law of the separation of powers and in administrative law. It is must-reading for any citizen who has an interest in the constitutionality of the administrative state.”―Steven G. Calabresi, Northwestern University Pritzker School of Law

About the Author

Thomas W. Merrill is the Charles Evans Hughes Professor at Columbia Law School. A former Deputy Solicitor General in the Department of Justice, he is a member of the American Academy of Arts and Sciences and has twice been honored by the American Bar Association for his work on administrative law.

Reviews:

1.0 out of 5 stars Book is printed backwards and upside down.

A.C. · January 25, 2025

(function() { P.when('cr-A', 'ready').execute(function(A) { if(typeof A.toggleExpanderAriaLabel === 'function') { A.toggleExpanderAriaLabel('review_text_read_more', 'Read more of this review', 'Read less of this review'); } }); })(); .review-text-read-more-expander:focus-visible { outline: 2px solid #2162a1; outline-offset: 2px; border-radius: 5px; } The book is backwards--not only does it read right to left, but the cover is upside down.

5.0 out of 5 stars Great Discussion of a Critical Ruling

D.T.M. · September 19, 2022

This book is about the Chevron ruling of the Supreme Court. Simply stated Chevron states that if Congress passes a bill that makes no sense then the Administrative agency to which it applies gets to decide all on its own.All too often Congress passes bills where definitions of things that Congress rules on are vague, missing, wrong, outdated etc. Thus rather than correcting the bill the Supreme Court in its wisdom in Chevron stated that the Agency in charge gets to decide. Needless to say this leads to chaos. But alas it is Washington.Worse yet is that all too many Bills are "written" by the invisible hand of lobbyists, never read by the members of Congress and all too often have these surprise bombs just waiting to explode. Worse yet when Agencies decide then it is some un-elected bureaucrat who gets to make up the laws!The author goes through the law, the Court ruling, the impact and the changes. The author suggests a remedy of having public comment. However in my opinion and in my experienced that is a totally rigged approach. It is merely a cover that allows the Agency to do whatever it wants. This is often the results of having lobbyists and interested parties skewing the public comments.Ultimately the real solution is if a law is ambiguous then send it back to Congress and get them to do it right. In the meantime the law is vacated.This book portrays one of the many weaknesses of Congress and the ability of the Executive branch to effectively make their own laws.

Similar suggestions by Bolo

More from this brand

Similar items from “Judicial Branch”

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