Fifth Circuit Court rules SEC can't regulate markets 👀❗❗
(media.greatawakening.win)
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Declaring administrative hearings a violation of the 7th amendment is an enormous ruling. it's been considered constitutional because you can always appeal the agency ruling in district court, which is incredibly expensive and as a result almost noone ever does it, but you theoretically can.
If SCOTUS backs this it will basically dismantle the administrative state.
Link to the ruling: https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf
Next up: IRS.
Don't forget the ATF
And FDA
And CDC
And the FDA. Once the dam breaks, nobody will care which crack was first.
Hunter will.
OSHA, EPA
TSA, DHS, Dept of Ed, Dept of Energy.
Hell, with the vax mandates the DoD is just as bad.
This applies to EVERYTHING. Even state courts and traffic courts. You have a right of trial by jury. Period.
So if this is upheld, then when a government agency wants to enforce a regulation on a citizen or entity, it will have to sue in court where they will have the burden of proof. Am I understanding this correctly?
Pretty much what it is doing it's beginning the dismantling of the administrative state. The administrative state is where they basically run their own courts and then legislate using the courts which is completely unconstitutional and this is exactly what should happen. Personally I hope they burn the whole f****** thing down.
Also this is one of the weapons the deep state uses to inflict their will on the people so that so this is absolutely wonderful That this is happening
Yes. The title of this post is not entirely correct. The SEC or any federal agency can still regulate markets, BUT they can't be judge, jury, and executioner. You know have to go through proper courts and not the SEC's own court with judges that will not be neutral.
All the upset lawyers in the comment section.
Can you explain this to me in another way, it is still unclear to me what the impact of this is, and what they were doing.
That's the same question I have. This is confusing. Is this a good thing or a bad thing?
Think of it like this. They now have to give you your full due process rights if you demand them. That means a petty bureaucrat has to get a court date and put you in front of a jury to bleed you dry. He can't just call up a panel made up of other petty bureaucrats and get them to rubber stamp your life being ruined.
With the courts being overloaded it will force them to negotiate in good faith and work deals that most likely favor the citizen. The current system is basically hey offer you a "deal" that sucks balls and you either take it or they rubber stamp your destruction. That's assuming you get a nice guy or don't piss him off. Call your IRS agent a son of a bitch and the next thing you know you're doing jail time. Just because he doesn't like you.
Now that same petty son of a bitch has to get a jury of your peers to agree you need to have a hot poker shoved up your ass just because you called him a mean name.
The jury system is broken FYI. People are taught in school to trust authorities and such... don't think for yourself, look it up... trust the government agent... the DA... the IRS/ATF/FBI etc but hopefully we can reverse that problem and with sane juries then proper due process will castrate the government. It will no longer be all powerful. We The People will have power back.
This should also mean you get full due process when you sue them :)
Maybe this will open up the can of worms at the ATF with their stupid $200 "tax stamp" and their notorious, punitive slow-walking of the unnecessary paperwork.. I'd love to get a suppressor/silencer to save what little bit of hearing I have left after all those years in computer rooms. Plus if the ATF is forced to get rid of that scam maybe more people would buy them and use them at the gun ranges.
That just might save some of them from going out of business or being sued for excessive noise pollution by the surrounding subdivisions that want to shut them down.
This is a very good thing. Basically saying that little bureaucrats have NO authority whatsoever to take any sort of action against the people without a trial. Meaning no fines, no jail time, etc. just because some little government fuck says so.