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Deep State and Administrative State may get neutered by SCOTUS
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"A politician will do almost anything to keep their job, even become a patriot" - Hearst
Thank you, Trump!
Never attempt to teach a pig to sing; it wastes your time and annoys the pig.
Robert Heinlein
Give a man an inch and right away he thinks he's a ruler
Groucho Marx
I love mankind…it’s people I can’t stand.
Linus, from the Peanuts comic
You cannot have liberty without morality and morality without faith
Alexis de Torqueville
Those who fail to learn from the past are condemned to repeat it.
Those who learn from the past are condemned to watch everybody else repeat it
A Zero Hedge comment
For those unfamiliar with the case:
https://law.justia.com/cases/federal...022-05-18.html
(ALJ refers to an administrative law judge.)Justia Opinion Summary
The SEC brought an enforcement action within the agency against Petitioners for securities fraud. An SEC administrative law judge adjudged Petitioners liable and ordered various remedies, and the SEC affirmed on appeal over several constitutional arguments that Petitioners raised.
The Fifth Circuit held that
(1) the SEC’s in-house adjudication of Petitioners’ case violated their Seventh Amendment right to a jury trial;
(2) Congress unconstitutionally delegated legislative power to the SEC by failing to provide an intelligible principle by which the SEC would exercise the delegated power, in violation of Article I’s vesting of “all” legislative power in Congress; and
(3) statutory removal restrictions on SEC ALJs violate the Take Care Clause of Article II.
The court reasoned that the Seventh Amendment guarantees Petitioners a jury trial because the SEC’s enforcement action is akin to traditional actions at law to which the jury-trial right attaches. Further, the SEC proceedings at issue suffered from another constitutional infirmity: the statutory removal restrictions for SEC ALJs are unconstitutional.
https://law.justia.com/cases/federal...022-05-18.html
Last edited by Valli6; 11-30-2023 at 11:35 AM.
I hope you're not holding your breath.Originally Posted by Matt Collins
"And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat
"It is difficult to free fools from the chains they revere." - Voltaire
Does someone have a succent and accurate list of the bad things this guy did?
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"A politician will do almost anything to keep their job, even become a patriot" - Hearst
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