Constitutionalizing Chevron: Filling up on Interpretive Equality

Abstract

This Note proposes a new approach to constitutional interpretation, arguing that application of the Chevron doctrine to constitutional interpretation is a logical outgrowth of Supreme Court decisions and could harmonize some tensions in the Court's current doctrines. This proposal would give Congress an explicit role in interpreting the Constitution, while the Court retains its role as supreme interpreter. Additionally, this Note suggests how this method can be used to critique current Court decisions while putting aside the agenda of individual commentators.