The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
Awesome write up thank you. What about executive orders? That seems like extreme overreach of the executive branch. It's it being used in an emergency either. The presidents are issuing hundreds of them during their terms.
There is a major lack of oversight on Executive Orders.
BUT for the most part they are an accurate use from what I can tell. Usually they are merely aspirational goals for agencies to implement, much more similar to a CEO's quarterly goals for subdivisions. The President is a dual office role of being head of the executive branch, and being head of the military.
I don't really see that much straight up unilateral ordering of specific actions, and those would be the only constitutionally questionable ones.