Ep. 210 - What Is The SEC? Do "In House" Tribunals Violate the Right To Jury?
Constitutional Chats Presented By Constituting America · Constituting America
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Show Notes
Trial by jury and fair court proceedings bound by constitutional restraint are bedrock principles of our federal government. Imagine being charged with a crime by a federal agency except the agency handles the entire court proceedings with a judge on its payroll. The Securities and Exchange Commission was created by a 1934 act in response to the Great Depression and Stock Market Crash of 1929. In 2008, in response to the financial crisis, its powers were significantly expanded through the Dodd Frank Act. Under that legislation, the SEC was allowed to have in-house court proceedings with administrative law judges it hires. As such, prosecutorial, judicial, enforcement and punishment power is all held within a singular agency. A current Supreme Court case, SEC v. Jarkesy, is challenging that power. Join our all-star student panel and our special guest, Peggy Little, Senior Litigation Counsel with the New Civil Liberties Alliance, as we discuss this case, its ramifications and the caution George Washington gave us when he spoke against unfair quasi-courts.