Chapter 3: Agency Discretion Review Questions
Describe the deference that is afforded in an agency’s interpretation of (1) its own rule and (2) a statute, applying the Chevron and Skidmore decisions.
*Note that the textbook says to “briefly” describe, but such a description, in light of the application of Chevron and Skidmore, will not be brief if fully explained. Please take your time and thoroughly answer this question. Understanding Chevron is critical. See pages 303 – 305 of the textbook for and excerpt of Chevron.
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Student Sample:
Chevron deference: The highest level of deference applies to an agency’s interpretation of a statute administered by that agency when the statute is silent or ambiguous regarding the issue in question. It applies only where Congress delegated authority to the agency to make rules carrying the force of law, and where the interpretation is made pursuant….Continue Reading….