This case is a clear example of the founders unanticipated "4th branch of government," the administrative branch, having too much power and not following the checks and balances set up in the Constitution. In this case, the SEC made the rules instead of the Legislative Branch, enforced the rules instead of the Executive Branch, and served as judge and jury to punish those it believes violated their law instead of the Judicial Branch.
One might say, but yes, the administration, in this case the SEC, was given this power by Congress. That then begs the question: how could Congress set up an entity, giving it power that Congress itself doesn't even have?
In the Jarkesy case, it is clear that the SEC, an unelected group, overstepped their bounds by offering such a harsh penalty without following the Constitution, a document set up to protect the people.
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There has been a lot of attention given to the "Administrative State" recently, and for good reason. Unaccountable, unelected bureaucrats are making laws every day outside of oversight by Congress. President Biden is using them to work to remove our gas stoves, make our dishwashers less effective, limit our water heater choices (2), force us to use battery-powered vehicles, and the list goes on.
Progressives in the early 20th century wanted the Administrative State be able to proceed without interference from the common folk since they were the experts in their fields, they understood their industry better than anyone else, and they could make law without interference. As an engineer, I have technical expertise in certain fields, but I believe that the regular person can understand far more than what progressives give them credit for. Power should remain in the people's hands, Congress's hands, not a so called 4th Branch of Government.
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I am currently taking an online course about the role of Congress as defined by our Founders. It is a free course put on by Hillsdale College which directly addresses this issue. You can take the class on your own schedule on the computer and can sign up for it by going to https://online.hillsdale.edu/landing/congress.
We just celebrated Thanksgiving last week, and I am thankful that we live in a this great nation that is designed to protect the freedoms of each person. I pray, like Abraham Lincoln did after the Battle of Gettysburg, that, "this nation, under God, shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth”
May God bless you, and may God continue to bless our great country,
Sincerely,
Neil C. Parrott
P.S. Tonight's 9 PM Fox News debate between Gavin Newson (Gov. of CA) and Ron DeSantis (Gov. of FL) should be interesting to watch - a progressive state versus a free state. I am sure the contrast will be stark and will help highlight why we must vote out President Biden and other progressive candidates in 2024.
(1) https://www.reuters.com/markets/us/us-supreme-court-weighs-legality-sec-in-house-enforcement-2023-11-29/
(2) https://www.heritage.org/energy/commentary/now-biden-wants-deny-your-consumers-choice-water-heaters#:~:text=Key%20Takeaways,options%20to%20heat%20their%20water.
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