The 5th Circuit Court of Appeals on Wednesday ruled the Securities and Exchange Commission (SEC) is denying defendants their constitutional right to a jury trial by putting them in front of its own internal judges.
In a 2-1 ruling, the court ruled for George Jarkesy and Patriot28 LLC, who sued the SEC in 2011 after the agency imposed a $300,000 fine and other punishments in a securities fraud case.
Judge Jennifer Walker Elrod wrote in the majority opinion that the SEC violated the Seventh Amendment’s right to a jury trial by bringing defendants before in-house judges and allowing the agency to “act as both prosecutor and judge.”
Congress also unconstitutionally delegated power to the SEC to act as a legislative body, Elrod wrote.
“‘We the People’ are the fountainhead of all government power. Through the Constitution, the people delegated some of that power to the federal government so that it would protect rights and promote the common good,” Elrod said. “But that accountability evaporates if a person or entity other than Congress exercises legislative power.”
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"“‘We the People’ are the fountainhead of all government power. Through the Constitution, the people delegated some of that power to the federal government so that it would protect rights and promote the common good,” Elrod said. “But that accountability evaporates if a person or entity other than Congress exercises legislative power.”"
HEY! SOMEBODY IN GOVERNMENT READS THE CONSTITUTION TOO!
I am impressed.
This should mean that the FAA arbitrators (judges), the IRS judges, and others are also unconstitutional.
Add in that many of the government organizations write their own rules that carry the full weight of the law which should require a vote by the House and Senate with the President signing it into law. Tehn there is the President signing executive orders that also can be used to fine and jail people.
None of these things are constitutional.
The devildemocommiecrats and their minion beaurocrat appointees don't believe in the Constitution!!!!! They rule by edict and dictate, ergo a dictatorship!!!!! They are EVIL to their core, satanists bound for the Lake of Fire!!!!!!!!!!
So glad to see common sense and critical thinking are comming back! Maybe there is hope for US yet.
FINALLY‼️. A judge that. Makes a Constitutionally accurate judgment!