LogFAQs > #965137431

LordoftheMorons posted...

I hope Im misinterpreting this and its narrower than Im reading it, but is the 5th Circuit effectively saying that all SEC enforcement is unconstitutional???

https://twitter.com/prof_jpc/status/1527003339644362756?s=21

It seems to me that the SEC should still be able to enforce through the regular courts, provided that they are only enforcing laws clearly passed by Congress and not regulations the SEC promulgated without a clear grounding in statute passed by Congress.

Generally speaking, I don't know if you've actually looked at a lot of the federal laws and regulations which govern much of life in this country and internationally, but frequently the actual laws are very very vague and basically say, the President/executive branch agencies are given carte blanche to make regulations which will operate as law. For example, Trump's ability to impose tariffs arose from this kind of vague statute that delegated authority to the President.

Congress has gotten very lazy over the last few decades with regard to drafting statutes and routinely delegates stuff to the executive branch. So when people complain that the President has too much power, a lot of that is because Congress has been handing it to him, hand over fist, for decades. It would be a positive development if the courts cracked down on this practice and told Congress that they need to actually legislate.