Posted on 11/28/2023 3:20:57 AM PST by cotton1706
This Wednesday, the Supreme Court will hear a case that poses the most direct challenge yet to the legitimacy of the modern federal government. The right-wing legal movement’s target is the “administrative state”—the agencies and institutions that set standards for safety in the workplace, limit environmental hazards and damage, and impose rules on financial markets to ensure their stability and basic fairness, among many other important things. The case, Securities and Exchange Commission v. Jarkesy, threatens all of that. Terrifyingly, this gambit might succeed.
snip
Were Jarkesy to win, he would help achieve what the conservative legal movement’s members have long dreamed of: the destruction of the New Deal. The SEC, Jarkesy’s target, is not just the most important regulator of the financial markets, it is also one of the crown jewels of the New Deal agencies. Republicans have had it in their crosshairs for nearly a century.
The consequences of Jarkesy’s success would be disastrous, especially for the American economy. The SEC enforces the basic rules that make stock markets work. Without it, stock issuers and dealers would lie—with disastrous results. One needs only to examine the rampant fraud, contagion, and meltdown in crypto markets last year to see what an unregulated securities market looks like.
More generally, if Congress cannot delegate to agencies, it cannot govern. Congress could never and has never written rules specific enough to anticipate all eventualities. This is why Congress delegated power to the SEC in the first place.
Finally, and most dangerous, ending independence for internal agency adjudicators would undermine the rule of law. Without independence, adjudicators would be beholden to the politicians who oversee agencies. Unscrupulous presidents would use agencies to punish their opponents and reward their allies. This would do more than turn regulators into political handmaidens;
(Excerpt) Read more at msn.com ...
If we are to govern ourselves, we must retain the power to remove those that govern us, that is, those that make the rules.
But over time, the lawmaking power has been delegated to unelected, career bureaucrats who find crimes, invent crimes, then act as prosecutor, judge and jury. "Get creative", Obama ordered.
The administrative state does not act as servant and protector of the people, as the author claims. It acts as an overlord, and ALWAYS expands its own powers.
It needs to be reined in, ASAP!
Thank you, cotton1706, for reading this drivel so we don’t have to.
” Republicans have had it in their crosshairs for nearly a century.”
Pure BS!
The GOP certainly is not committed to anything for that length of time.
The Lying ComDems are haters and have a history of the long picture. They must do that, because if they told the Truth, no one would ever vote for them.
The reason for hair on fire is the takeover of the administrative state by the woke left. If it is now defanged, powerless, and they have to rely on elected government to do their bidding, they lose.
On the rare occasion that a victim dares to appeal a regulatory prosecution the courts side with the unelected regulator 98% of the time.
I predict the court will rule for the communists. They are owned.
The author of the article almost makes self realization to the real problem, but because he is a liberal he can’t actually make the connection.
The reality isn’t that the separation of powers should have prevented tyranny. He gets that. What he fails to get is that Federal Government has become tyrannical. The agencies under the executive prosecute based upon political affiliation. In this there can be NO DOUBT except to a liberal who cannot grasp tyranny. The Supreme Court has already made statements, especially with the EPA waterways extension and CO2, that these agencies seem to be autonomous. Further, the corruption of the DOJ, IRS, FBI, with lying to congress and using government resources to target people against bigger government. That’s Tyranny, that’s agency Tyranny, and that’s one of the reasons that Federal Government no longer serves the people.
I would not be surprised if the SCOTUS picked this case to start making a point. The end of political Obama distorted agencies, will be curtailed and power returned to the people. The “Hair on Fire” liberal should be asking questions about how agencies empowered to ‘serve interests of people, only serve Obama and the DNC, and how that isn’t Tyranny as defined by the founders.
You’ve described the real problem accurately.
The Constitution specifically limits the functions of government, we’ve fallen a long ways from that concept.
The Supreme Court no longer relies on the Constitution for guidance, which means the Republic cannot stand.
Government of the people, by the people, for the people?
It was a good run.
“...Without independence, adjudicators would be beholden to the politicians who oversee agencies. Unscrupulous presidents would use agencies to punish their opponents and reward their allies. This would do more than turn regulators into political handmaidens”.......
Unlike now??????........…
Awesome explanation of the administrative state
Evidently The Atlantic believes the “government” and the “administrative state” are one and the same.
“Government” should be of, by and for the people it represents.
The “administrative state” is composed of government officials and employees who want “government” to be a pyramid scheme with them at the top.
Yes. Noah gives away the game early: Unscrupulous presidents would use agencies to punish their opponents and reward their allies.
Obama and Biden have directed the government to persecute their enemies. Trump’s sham trials, the J6 persecution and Lois Lerner are there such examples. Interestingly, no where in the article does Noah discuss the actual complaint and abuse of power. The deep state must be defanged.
“Congress could never and has never written rules specific enough to anticipate all eventualities. This is why Congress delegated power to the SEC in the first place.”
Congress could have a vote on SEC-suggested rules in about 10 minutes.
Congress could have a vote on EPA-suggested rules in about 10 minutes, but would not vote on record to send electricity prices through the roof.
Fill in the blank with the correct answer (You must pick a, b, or c — d is not a correct choice:
Without it, stock issuers and dealers would lie—with disastrous results. One needs only to examine the rampant fraud, contagion, and meltdown in ________.
a. The Democrat Party under Joe Biden & American Society
b. The USG as it pertains to UKRAINE & RUSSIA.
c. College educated and those doing the educating.
d. If all of the above, pick one.
The correct answer is c. College education is the root of Marxism and without it the USA is better off.
You have nailed it.
The only Administrative State the DNC controls now is College Education and K-12/16/forever Marxism.
Hopefully they win.. been saying this for years. All these institutions setting rules and regulations which is Congress job. We don’t elect these idiots in these institutions and we can’t control their based views regardless of who controls Congress so they should all be abolished.
But over time, the lawmaking power has been delegated to unelected, career bureaucrats who find crimes, invent crimes, then act as prosecutor, judge and jury. “Get creative”, Obama ordered.
The administrative state does not act as servant and protector of the people, as the author claims. It acts as an overlord, and ALWAYS expands its own powers.
It needs to be reined in, ASAP!
*********
Amen. Administrative law is answerable to no one. It is the 800 pound gorilla running rampant in the system and it is out of control.
The Case That Could Fix the Government.
Headline fixed.
They’re terrified Chevron Deference which was a piece of pure BS the court came up with in the early 1980s will be done away with. Under Chevron Deference, the court ruled that administrative agencies get to interpret laws passed by Congress to enact regulations....ie laws in all but name. This meant unelected government bureaucrats -needless to say they lean Left - could pass what amounted to laws everybody had to live under.
Now SCOTUS is set to strike that enormous grant of power to the administrative state down. Which would mean Congress would have to actually pass laws if say the ATF or EPA wanted to harass you for breaking them. If those laws are hated by the electorate, Congress would then feel the heat from the voters unlike now when voters are practically powerless to push back against federal bureaucrats for their over reaching, oppression, idiocy, intrusion on property rights, trampling on gun rights, etc.
Bingo. If Congress has to pass actual laws and face the wrath of the voters for doing so, the federal government won’t be able to be nearly as oppressive and they know it.
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