3 ms·
There are powers that Congress does not have the power to designate. For example, Congress cannot create a branch of government that can simply declare people
by gjsman-1000 3y ago
There are powers that Congress does not have the power to designate.
For example, Congress cannot create a branch of government that can simply declare people to be guilty of crimes at-will without a fair trial.
But if corporations are people… and a fine isn’t that distinguishable from a crime…
(Edit: For the down voters, I don’t get it. This is an actual legal case and argument the SCOTUS is hearing, right now, called Securities and Exchange Commission v. Jarkesy. This doesn’t mean I agree with it.)
- voidfunc 3y agoHmm okay, I guess I can sort of see how you might construct an argument here. I guess Amazon is hoping a conservative judiciary agrees.
- cycomanic 3y agoSo can government create a branch that decides it can exempt people from liability? Isn't incorporation also regulated by a branch of the government. And I would argue bestowing limited liability on corporations is taking away a right from others (to recover damages). Is the consequence of this argument not that we need to go back to that Congress needs to decide on every incorporation and put it into law?
- gjsman-1000 3y agoI’m not a lawyer and I don’t know - however, most commentators do agree that Congress would likely be forced to do a lot of boring work soon. Also see Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, another case with potential to massively injure administrative offices by possibly overturning the Chevron decision. It also, well, threatens the CFPB’s existence.