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One reason it wasn’t as straightforward as your right to contest a traffic ticket in court is that Congress had expressly authorized the SEC to impose these mon
by semiquaver 2y ago
One reason it wasn’t as straightforward as your right to contest a traffic ticket in court is that Congress had expressly authorized the SEC to impose these monetary fines.
At any rate, that the decision would strike down this law was a foregone conclusion for court watchers. Most of the interest was over the possibility that the court would more severely curtail other SEC enforcement authorities common to many administrative agencies or even find that its basic structure was unconstitutional.
- rayiner 2y agoMaryland’s constitution has a separation of powers just like the U.S. Constitution. Do you think the Maryland legislature could authorize police to give tickets and have a different police department employee decide guilt and impose fines? You could have an appeal to a real court, but they would have to give deference to the factual determinations of the police department employee and overturn them only if there was essentially no evidence in the record to support the conclusion of guilt.
- semiquaver 2y agoNo, I don’t think think that would be permissible, especially after this decision clarifying that it is not :)