Whacko judges at it yet again

https://www.vox.com/2022/5/19/23130569/jarkesy-fifth-circuit…

“The United States Court of Appeals for the Fifth Circuit’s decision in Jarkesy v. SEC would dismantle much of the system the federal government uses to enforce longstanding laws.”

VERY macro effects.

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This is from the Federalist Society’s fringe, but the idea goes all the way back to conservative revulsion at the New Deal.

The crux is the idea that only Congress can specify law, and that it cannot delegate the elaboration of the specifics of law to an adminstrative structure with enforcement through administrative law. The argument is perfectly sane in detail and totally insane in application. What I mean by that is that modern society is so complicated that it is impossible for a law making body like Congress to specify and constantly update what a law means in detail.

The fascinating thing about canceling the structure of administrative law is that it would literally end the USA government as we know it. This has been a goal of libertarians forever, but not of most of the rest of the conservative bloc.

However, with our currenty SCOTUS run by its strange coalition dominated by radical new appointees working with Justice Thomas it is perfectly possible that such a dire thing would come to pass, accompanied by much handwaving about how that is not what they are really doing…

What sort of investments would be clobbered by such a revolution, and what others would thrive? That is a briar patch I invite all to contemplate and post opinions.

Here is an excellent sympathetic summary of the anti-administrative law argument and some of the structure in peril: https://rb.gy/boqapb

and here is the wikipedia summary: https://en.wikipedia.org/wiki/Administrative_law

david fb

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Looking at the facts in the article, while ignoring the “SHOCKING!!!ALARMING!!!” hysteria:

First, Elrod claims that securities fraud cases must be heard by district courts because these courts can conduct jury trials, while ALJs cannot.

The 6th amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

https://en.wikipedia.org/wiki/United_States_Bill_of_Rights

In this case, the issue is fraud. Fraud is a crime. Ask Bernie Maddoff.

Federal Securities Fraud

Under the Securities Act of 1933 and the Securities Exchange Act of 1934, Securities Fraud is defined as willfully engaging in deceptive practices intended to manipulate financial markets or induce investors to make financial investment decisions based on deceptive or false information.

Under federal law, the crime of Securities Fraud is a Class C felony, punishable by up to twenty years in prison, three years of supervised release, and $5 million in fines. Additionally, disgorgement of any profits will be ordered and any property obtained from the proceeds of the offense can be confiscated.

https://www.richardhornsby.com/federal/crimes/securities-fra…

Therefore, I think the accused has a point.

(sweeping away more SHOCKING!!!ALARMING!!! hysteria in the article)

So, reassign the ALJs to the appropriate district courts which have juries, or provide juries for the ALJs. Either would satisfy the Constitution, and there would not be the apocalypse the article has an apoplectic fit about. The ALJs may not like losing their cush lifetime job by going to District Court, but, if it’s unconstitutional, they really don’t have a choice.

Requiring a jury for every proceeding would raise costs, and result in a heck of a lot more people pulling jury duty, but, that is what the Constitution requires.

Steve

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What I mean by that is that modern society is so complicated that it is impossible for a law making body like Congress to specify and constantly update what a law means in detail.

Leaving ‘We The People’ at the mercy of a bunch of unaccountable burrocrats! Redress is necessary.

The high level of corruption in Venezuela is aided and abetted by the above kind of delegation, the ‘interpretation’ of the law by ‘functionarios.’ The question of the day, “How much for that?”

The Captain

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Leaving ‘We The People’ at the mercy of a bunch of unaccountable burrocrats! Redress is necessary.

It is this way for a very good reason. Congress passes LAWS but they absolutely do not have the time or ability to write the necessary regulations to actually implement those laws. We live in a very complex society. Congress has the ultimate say, but no way are they going to be doing all the nitty gritty little details necessary to IMPLEMENT the regs for the laws they pass.

And, of course, the ‘burrocrats’ (cheap shot) are accountable to Congress and Congress does have the final say.

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And, of course, the ‘burrocrats’ (cheap shot) …

“Burrocrats” happen to be a VERY EXPENSIVE SHOT!

It is this way for a very good reason.

That is not a good enough reason to let them run wild with crazy agendas. Every agency should have a “Shut down by DATE!”

The Captain