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58 Geo. Wash. L. Rev. 821 (1989-1990)
Chevron--The Intersection of Law & Policy

handle is hein.journals/gwlr58 and id is 829 raw text is: Chevron-The Intersection of Law & Policy* Laurence H. Silberman** In the latter part of the nineteenth century, Disraeli, the head of the Conservative party, and Gladstone, the leader of the Liberal Party, fought a series of election campaigns in Great Britain. One key issue dividing the parties in those days was the question whether the British Empire should expand or not. The Liberals were gener- ally opposed to imperialism and the Conservatives seemed to wish to color as much of the map pink as British military and economic power would permit. At one point Disraeli referred to his rival Gladstone in a scornful fashion as standing for a little England. As it happened, Gladstone turned that epithet into a campaign theme denouncing Disraeli's aggressive empire-building and carry- ing Gladstone to victory in the election of 1880. In recent years we have seen a similar debate in this country over what some have called judicial imperialism. Those of us who have decried the extraordinary expansion of judicial power in the latter half of this century might be thought to stand for a little judiciary and, like Gladstone, we should bear the emblem proudly, for that is precisely what the Framers of our Constitution intended. Is not that phrase merely another way of describing the judiciary, as did Alex- ander Hamilton, as the least dangerous branch? It seems to me that one concept, more appropriately than any other, serves to distinguish those who advocate judicial restraint, * This foreword is adapted from remarks made at the American Bar Association Annual Meeting on August 8, 1989. ** Judge, United States Court of Appeals for the District of Columbia Circuit. June 1990 Vol. 58 No. 5