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We the People

Should Chevron Be Overturned?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 20 September 2018

⏱️ 52 minutes

🧾️ Download transcript

Summary

This episode, recorded live in New York City at the Federal Bar Association’s 2018 annual convention, features a debate of the following question: “Should Chevron Be Overturned?” The 1984 Supreme Court decision Chevron v. Natural Resources Defense Council established a judicial doctrine of deference to certain administrative agency actions commonly known as “Chevron deference.” As wonky as it may sound, Chevron is implicated in important constitutional debates surrounding the modern administrative state and separation of powers. Columbia Law School professors Philip Hamburger and Gillian Metzger explain just what Chevron deference is, why it matters, and whether or not it should be overturned. Lana Ulrich guest hosts.

Transcript

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0:00.0

I'm Jackie McDermott, a producer of We The People, a weekly show of constitutional debate.

0:12.0

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness

0:18.8

and understanding of the Constitution among the American people.

0:23.8

This episode was recorded live last week in New York City at the Federal Bar Association's

0:29.3

annual convention.

0:31.5

Our in-house council and We the People guest host, Lana Ulrich, moderated a debate between

0:37.3

Columbia Law Professors Philip Hamburger and Jillian Metzger.

0:41.8

On the question,

0:43.0

should Chevron be overturned?

0:46.0

These two leading administrative law experts

0:49.0

shed light on this complex, but increasingly

0:51.9

important topic. Here's Lana to get us started.

0:57.0

Good morning. I'm Lana Ulrich in House Council at the National

1:07.7

Constitution Center and welcome to We The People, a weekly show of

1:11.6

constitutional debate.

1:13.8

Our regular host, Jeffrey Rosen, the National Constitution

1:16.6

Center President and CEO, is away this week.

1:19.8

I'd like to thank the Federal Bar Association

1:22.1

for inviting We The People Here to record live at its annual

1:25.2

conference in New York.

1:27.3

We've got a great show for you today on a hotly debated topic. Should Chevron be overturned? Our two two guests Professor Philip Hamburger and

1:34.9

Professor Julian Metzger are two of the leading scholars in this area. But

...

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