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> Just as Congress doesn't need to explain their Constitutional authority when passing a law They don't because it is clearly written down in checks notes the

• whateveracct 4y ago
  The SEC has powers delineated by the legislation that creates it too. Again, they aren't acting with omnipotent power. Push come to shove, they'll go to court where they will explain their position. Coinbase can try to counter their arguments then if they wish to.
• dragonwriter 4y ago
  > They don't because it is clearly written down in checks notes the constitution. Often, it is not. But they don't have to (except as a fairly recent, self-imposed rule of the House of Representatives) explain any argument that it is, in advance, nor even when they do is the government bound to only that advance argument on its Constitutional justification. Similar, regulatory agencies , while they tend to identify their statutory authority when making regulatory actions, aren't required to justify their claims of authority in advance. When they are contested, it is resolved in the courts, whether its Congress or executive branch regulators. > Factually, our government doesn’t operate on whims and feelings or work it out in the courts later. Factually, that’s exactly what our government does a lot of the time. Ideally (in many people’s view) that’s not what it should do, but facts and ideals are different things.