Posted on 12/15/2022 3:27:28 PM PST by Twotone
The Securities and Exchange Commission, the federal agency tasked with enforcing the nation’s securities laws, has been a foundational piece of the administrative state constructed by the Left over the past century.
Over the past few years, however, the SEC has come under fire for potential abuses of power, particularly involving its use of administrative law judges to decide its own cases.
The SEC’s use of its own judges gives it a clear home court advantage—one that a federal appeals court recently deemed unconstitutional.
Now, it appears the SEC may be headed to the Supreme Court with the very constitutionality of its home court advantage on the line.
Though most Americans are unaware of the fact, given that they don’t learn this in civics class, many administrative agencies exercise what appear to be legislative, executive, and judicial powers all at once.
Agencies, of course, write regulations that look like laws and have the force and effect of law. They also have the power to enforce these regulations.
In addition to these legislative and executive powers, agencies also have their own courts and judges.
The SEC tries many of the cases that arise under its rules in front of its in-house administrative law judges. In these cases, in essence, the SEC is not only “judge, jury, and executioner,” but lawmaker, investigator, prosecutor, judge, jury, and executioner.
(Excerpt) Read more at dailysignal.com ...
This crap has to end.
L
No different from the DoJustUs taking cases to the DC circuit courts.
Will be interesting to see if the Supreme Court will take the case, and if they do if they will make a Constitutional ruling or not.
My faith in them is sadly not very high.
This is the key to the end of Leftist power.
Agency rules are supposedly only civil in nature and violating them can only incur civil fines.
But a WILLFUL violation of a federal regulation IS a federal crime.
That means that agencies are essentially writing federal laws. If you fracture them a little bit, you go up against one of their biased administrative law judges. Fracture it big, they add the willful part and bring in federal criminal prosecutors.
They have bypassed Congress and now rule us with out our leave.
The IRS collapses as well. Take levy and Distraint. A clear taking without a sheriff or any court action. Just a letter to take your money away.
Shhh! Let the sec decision happen first.
Ping
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