For much of the 20th century, conservatives have criticized the administrative state. At bottom, they are troubled that executive agencies can issue regulations that go beyond the plain text of statute.

A president is supposed to “take care that the laws be faithfully executed,” according to the U.S. Constitution’s Article II. Yet, president after president has succumbed to the temptation to avert dealing with Congress by issuing regulations far beyond the scope of a law. Often, an aggrieved private party will file suit, and the federal courts are left to decide if a president has gone too far.

Sometimes, presidents get slapped down. President Joe Biden, for example, had the Department of Education try to cancel billions in student loan debt by relying on a two-decade-old law issued shortly after the attacks of 9/11. The only thing that stopped him was the Supreme Court, which ruled against the administration.

Often, however, the judiciary lets the agency action stand and will do so based upon “Chevron deference.” This juridical test was announced in Chevron USA, Inc. v. National Resources Defense Council, Inc. (1984). It holds that when an agency........

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