A doctrinal song based on Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The Chevron Two-Step is a modern dance which interprets the famous two-step analysis given by the Supreme Court through innovative and unique body movements. For all the 1Ls out there, this is for you.
Find the Chevron Two-Step Tutorial here if you want to learn the dance: [ Ссылка ]
Lyrics:
Verse 1:
Imma do the Chevron you da do the step.
Everyone around lookin' at me makin' bets.
I review the policy according to my preference--STOP
I give deference.
Step 1: Is there ambiguity?
Step 2: Lookin' for reasonability.
If it passes the test then it's as good as gone;
We defer to the agency, it's called the Chevron.
Verse 2:
So Mead comes along tries to be a hero;
Gotta make it difficult--add a step zero.
Now we gotta look out for Congressional intent;
Did Congress authorize the agency to implement?
If we think that it did then we move along.
Did the agency do it? Did it hide the ball, trying to sneak policy with the force of law?
If it fails step zero don't lose your teeth;
Skidmore ain't as good as Chevron but it beats a brief
Verse 3:
WAIT--constitutional avoidance
MORE LIKE, congressional annoyance
But Congress can't be delegatin' all the big questions;
They should make policy that's why we have elections.
So so long as the agency's resolution doesn't get too close to the constitution,
Put your hands on your head and crack a yawn;
We just kickin' back, doin' the Chevron.
The Chevron Two Step
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