Separation of Powers
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Goldey v. Fields
2024 Term of Court: The United States Constitution provides that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const., Amendment VIII; see also U.S. Const., Amendment XIV, §1. The Constitution doesn’t say what happens when that provision, or any other provision of the Bill of Rights,… Continue reading
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FEDERAL COMMUNICATIONS COMMISSION V. CONSUMERS’ RESEARCH
2024 Term of Court In a series of similar provisions, the federal Constitution requires the separation of the powers of the federal government among three distinct branches. Article I, Section 1 opens with the following: All legislative Powers herein granted shall be vested in a Congress of the United States . . . . Article… Continue reading
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SECURITIES AND EXCHANGE COMMISSION V. JARKESY, U.S. Sup. Ct. Slip Op. of June 27, 2024
The Court’s Ruling: The federal Securities and Exchange Commission’s imposition of a statutory civil penalty against a person whom it had found guilty of a statutory securities fraud violation, violated the Trial By Jury Clause of the Seventh Amendment to the United States Constitution. To obtain a statutory civil penalty from a private individual, a… Continue reading
RECENT RULINGS 