Chapter

The Constitutional Challenge to the SEC’s Administrative Law Judges
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22:43 - 32:33 (09:49)

The challenge to the SEC's administrative law judges is based on the claim that it’s a problem to have officials inside administrative agencies who are not subject to direct supervision by the president under Article II of the Constitution. However, all common claims are generally heard by a civil jury instead of administrative law judges.

Clips
The question of whether or not administrative agencies and officials are constitutional has been a long-standing debate in legal circles.
22:43 - 25:18 (02:35)
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Constitutionality
Summary

The question of whether or not administrative agencies and officials are constitutional has been a long-standing debate in legal circles. One argument in favor of the constitutionality of agencies is based on the need for independence, while another argument focuses on the question of direct supervision by the President.

Chapter
The Constitutional Challenge to the SEC’s Administrative Law Judges
Episode
The SEC Was in Trouble. Now They’re Screwed.
Podcast
The Problem With Jon Stewart
The Supreme Court's decision to limit the Securities and Exchange Commission's (SEC) ability to impose civil penalties raises questions about the efficacy of the agency's enforcement powers and the outcomes of future cases tried in front of a civil jury.
25:18 - 28:30 (03:11)
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SEC Enforcement
Summary

The Supreme Court's decision to limit the Securities and Exchange Commission's (SEC) ability to impose civil penalties raises questions about the efficacy of the agency's enforcement powers and the outcomes of future cases tried in front of a civil jury.

Chapter
The Constitutional Challenge to the SEC’s Administrative Law Judges
Episode
The SEC Was in Trouble. Now They’re Screwed.
Podcast
The Problem With Jon Stewart
The ongoing attack against regulatory interventions seeks to restore the constitutional landscape to pre-New Deal times, making it impossible for the government to regulate.
28:30 - 32:33 (04:02)
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Regulatory interventions
Summary

The ongoing attack against regulatory interventions seeks to restore the constitutional landscape to pre-New Deal times, making it impossible for the government to regulate. This rollback is part of a larger program that aims to make the corporate landscape more amenable to ordinary citizens by subjecting corporate interests to government regulation.

Chapter
The Constitutional Challenge to the SEC’s Administrative Law Judges
Episode
The SEC Was in Trouble. Now They’re Screwed.
Podcast
The Problem With Jon Stewart