Keeping the Bureaucracy in Check

It's not that simple to do.

This article touches on some of the different aspects of authority - do you give the agency wide latitude to decide how to implement an ambiguous law? Do you force them - and those that will be affected - to go to court each time a conflict arises (and, given the different decisions by different courts, keeping both the agency and those who are affected by the decision to be in limbo while the case wends it way through the system)? Will this keep smaller companies or individual citizens from receiving justice, due to the difficulty of pursuing a favorable decision through court actions?

One aspect that has led many to argue against the Chevron decision (that gave wide latitude to the agencies to interpret laws in a way favorable to them) was the intense politicization of government. No area, no agency, no branch was unaffected by this. It led to decision-making along party platform lines.

So, the process that might lead to Kavanaugh's being confirmed hinges, at least in part, on how he views the Chevron decision. Dems would like it to stand; the GOP would like it replaced with one granting less sweeping authority to agencies.