Constitutional Case Questions

Judicial Deference:

Navigate through this content:

• Syllabus/Course Contents
• Video: Introduction to Judicial Deference
• Reading 1: Cynthia R. Farina, "Statutory Interpretation and the Balance of Power in the Administrative State"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 2: Jonathan R. Siegel, "The Constitutional Case for Chevron Deference"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 3: Michael Kagan, "Loud and Soft Anti-Chevron Decisions"
  • Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Expert Interview: Kent Barnett
• Expert Interview: Adam White
• Expert Q and A
• Further Reading

Go Deeper: "The Constitutional Case for Chevron Deference" by Jonathan R. Siegel

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After reading "The Constitutional Case for Chevron Deference" by Jonathan R. Siegel, consider the following questions:

• Do you think deference is constitutional or not? If so, why? If not, why not?
• Article III of the Constitution vests judicial power in the courts; does that prohibit courts from deferring to agency interpretations of statutes? What do you think about the argument that deference violates due process because it requires judges to “exercise systematically biased judgment in favor of the government”?
• How does deference relate to the nondelegation doctrine?
• Is deference a violation of the separation of powers?