“Law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law: which would make every judge a legislator, and introduce most infinite confusion.” William Blackstone 1 Commentaries on the Laws of England 62 (4th edition. 1770).
1 Saint John 4:20 If any man say: I love God, and hateth his brother; he is a liar. For he that loveth not his brother whom he seeth, how can he love God whom he seeth not?
Now, it is of great moment that well-drawn laws should themselves define all the points they possibly can and leave as few as may be to the decision of the judges; and this for several reasons. ARISTOTLE; Rhetoric; Book I. Section 1.
First, to find one man or a few men, who are sensible persons and capable of legislating and administering justice is easier than to find a large number. Next, laws are made after long considerations, whereas decisions in courts are given at a short notice, which makes it hard for those who try the case to satisfy the claims of justice and expediency. ARISTOTLE; Rhetoric; Book I. Section 1.
All, too, will bear in mind this sacred principle, that through the will of the majority is in all cases to prevail, that to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. President Thomas Jefferson; First Inaugural Address; March 4th, 1801.
The weightiest reason of all is that the decision of the lawgiver is not particular but prospective and general, whereas members of the assembly and the jury find it their duty to decide on definite case brought before them. They will often have allowed themselves to be so much influenced by feelings or friendship or hatred or self-interest that they lose any clear vision of the truth and have their judgment obscured by considerations of personal pleasure or pain. ARISTOTLE; Rhetoric; Book I. Section 1.
FEDERALIST #78 May 28th, MDCCLXXVIII Alexander Hamilton "....there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be smaller still who unite the requisite integrity with the requisite knowledge." Publius
What would replace Chevron? You do not make reference to this. You really are just claiming a policy judgement: that agencies are bad. Congress disagreed and vested tremendous power in agencies because they are experts. Scalia was right.
If the statute is ambiguous and Congress doesn’t agree with the ruling, Congress should articulate the statute and remove the ambiguity!
It is important to cause Congress to get it right. The collapse of CHEVRON is going to affect our daily lives and I am glad about that.
“Law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law: which would make every judge a legislator, and introduce most infinite confusion.”
William Blackstone
1 Commentaries on the Laws of England 62
(4th edition. 1770).
Damnit! You beat me to quoting Blackstone or Joseph Story! Haha. I knew there was a quote on this somewhere between their commentaries.
It looks from WV vs. EPA that maybe they will seek to rein in Chevron with the major questions doctrine rather than try to alter Chevron itself.
Then again… 😂
what an incredible loss when he passed.
1 Saint John 4:20
If any man say: I love God, and hateth his brother; he is a liar. For he that loveth not his brother whom he seeth, how can he love God whom he seeth not?
Now, it is of great moment that well-drawn laws should themselves define all the points they possibly can and leave as few as may be to the decision of the judges; and this for several reasons.
ARISTOTLE; Rhetoric; Book I. Section 1.
First, to find one man or a few men, who are sensible persons and capable of legislating and administering justice is easier than to find a large number. Next, laws are made after long considerations, whereas decisions in courts are given at a short notice, which makes it hard for those who try the case to satisfy the claims of justice and expediency.
ARISTOTLE; Rhetoric; Book I. Section 1.
All, too, will bear in mind this sacred principle, that through the will of the majority is in all cases to prevail, that to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.
President Thomas Jefferson; First Inaugural Address; March 4th, 1801.
The weightiest reason of all is that the decision of the lawgiver is not particular but prospective and general, whereas members of the assembly and the jury find it their duty to decide on definite case brought before them. They will often have allowed themselves to be so much influenced by feelings or friendship or hatred or self-interest that they lose any clear vision of the truth and have their judgment obscured by considerations of personal pleasure or pain.
ARISTOTLE; Rhetoric; Book I. Section 1.
In general, then, the judge should, we say, be allowed to decide as few things as possible.
ARISTOTLE; Rhetoric; Book I. Section 1.
what is the instrumental beginning at @4.34 ?
A huge administrative state and then the Chevron doctrine? It’s good to be the king.
Btw, on the 14 second mark, you show the wrong court.
What do you mean, it looks like the right court.
"VERBIS LEGIS TENACITER INHAERENDUM."
Loved Scalia..
am I the only one who is concerned that there was no followup on his death...just sayin'
Yes, YOU ARE.
I Gree. He was invited to a hunting trip. Then gets killed I. HUNTING ACCIDENT.
Pelican Bried
FEDERALIST #78
May 28th, MDCCLXXVIII
Alexander Hamilton
"....there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be smaller still who unite the requisite integrity with the requisite knowledge."
Publius
GREAT fucking Jurist!!!! Have studied him since 2013!!!!
I don't know anything about Chevron.
Your comment is full of gas. 🤣🤪
Chevron Deference is synonymous with Arbitrary and Capricious. Wake up tyrants!
What would replace Chevron? You do not make reference to this. You really are just claiming a policy judgement: that agencies are bad. Congress disagreed and vested tremendous power in agencies because they are experts. Scalia was right.