Jason Smith: The fight to rein in executive overreach

(By Eighth District Congressman Jason Smith)

As someone who strongly believes that the best government is that which is closest to the people, I’m incredibly frustrated by how much the federal government has grown since our nation was founded nearly 250 years ago. 

Whenever the Left is in control of Washington, they do everything they can to force their values on the rest of America – and the biggest tool they have is the Washington bureaucracy. 

Whether they’re trying to ban gas powered vehicles, dictating what you can or can’t do on your land, or even deciding what kind of appliances you can purchase for your home, there is no limit to how far they will go to expand government command and control.

Like-minded unelected bureaucrats at government agencies play a key role in the Left’s never-ending efforts to force their radical agenda on rural communities. Fortunately, a recent landmark Supreme Court case has given the American people a powerful tool in the fight to rein in power-hungry government officials.

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo brought an end to the 40-year-old legal doctrine known as Chevron. Under the Chevron doctrine, executive branch agencies were given far too much leeway to interpret laws and issue rules. The landmark decision by the Supreme Court takes legislative power away from agencies and makes clear that Congress writes the law, the executive branch enforces it, and the judiciary interprets it. It is one of the biggest victories for rightsizing the federal government in my lifetime.

Federal agencies’ broad interpretation of what is considered a wetland is one of the worst examples of government overreach. For years, the federal government has used regulations like the Waters of the U.S. rule to claim that a ditch on private property that fills up after a rainstorm is a wetland protected by federal law. A federal wetland designation can make it incredibly difficult – and in many cases impossible – for a rancher to build a new barn on land they’ve owned for generations, for a company to add an expansion to their family business, or for a homeowner to renovate their house. Thanks to the end of the Chevron doctrine, Americans now have a far better chance of defeating the federal agencies in court.

The Supreme Court’s ruling also opens up a new chapter in the fight against stopping unelected bureaucrats and radical environmentalists from using the Endangered Species Act (ESA) as a tool to expand command and control. For years, decisions about which species are protected by the ESA have been made by Washington bureaucrats without any consideration about how their actions impact communities. For example, radical environmentalists were able to block the harvesting of timber in the region by getting the northern long-eared bat designated as an endangered species under the ESA. They did something similar to “protect” certain crayfish found in the Upper St. Francis River Watershed. Radical environmentalists don’t care that science proves that humans aren’t the reason for the decline of these species; the only thing they care about is power and control.

The end of the Chevron doctrine will have implications far beyond environmental regulations. Whether it’s taking the Biden-Harris administration to court over its anti-gun agenda, student loan forgiveness schemes, or radical and costly war on American energy, it’s a new era in the fight to rein in executive overreach. While this court case is incredibly important, Congress cannot get complacent; the legislative branch must do its part to fight back against big government. As your voice in Congress, I will continue fighting tooth and nail to advance the policies we need to get the government off the backs of Missouri farmers, families, and small businesses.

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