Law Commons^™

Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster

Dissertations - ALL

The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …

Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster

Dissertations - ALL

The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …

Congress's Domain: Appropriations, Time, And Chevron, Matthew B. Lawrence

Faculty Articles

Annual appropriations and permanent appropriations play contradictory roles in the separation of powers. Annual appropriations preserve agencies’ need for congressionally provided funding and enforce a domain of congressional influence over agency action in which the House and the Senate each enforce written unicameral commands through the threat of reduced appropriations in the next annual cycle. Permanent appropriations permit agencies to fund their programs without ongoing congressional support, circumscribing and diluting Congress’s domain.

The unanswered question of Chevron deference for appropriations demonstrates the importance of the distinction between annual appropriations and permanent appropriations. Uncritical application of governing deference tests that emphasize …