Thursday, August 11, 2022

The non delegation theory in constitutional law- Notes from A Jon Stewart Podcast about the SEC

 This legal view is a tool of right wing jurisprudence.

Congress makes the laws.  However, those laws must be vague in order to cover as many eventualities as possible.

How should we handle something like financial regulation or environmental regulation?  Should Congress, completely non specialists write these rules and vote on them?

That is impossible.   It's pragmatically impossible.

What is typically done is this: Congress writes a law to create an agency that will get into the necessary weeds.

Create an agency to foster capital formation and investor confidence.  That's the SEC.  It must have some political independence like the DOJ.  It must be a cop on the beat.

The current theory is that such a statement of intent is not clear enough.   

If this is the case almost all regulatory agencies are under threat here.  

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