Saturday, August 9, 2014

The SEC as Prosecutor and Judge

To begin with the obvious, executive-branch agencies like the SEC are not courts established under Article III of the Constitution. These agencies exercise legislative power through rule-making and executive power through prosecution, but the Constitution gives them no judicial power to decide cases and controversies—especially not the very cases they are prosecuting. Executive agencies usurp that judicial power when they shunt penal law-enforcement prosecutions into their own captive administrative hearings.

Nearly 70 years ago, the Administrative Procedures Act established today's system of quasi-judicial tribunals overseen by administrative law judges. But these tribunals are not courts, and the administrative law judges are not life-tenured judicial officers appointed under Article III of the Constitution. They are executive-branch employees who conduct hearings at the direction of agency leaders following procedural rules dictated by the agencies themselves.

Administrative hearings also do not have juries, even when severe financial penalties and forfeitures are demanded. And because these hearings are nominally civil rather than criminal, guilt is determined by a mere preponderance of the evidence—the lightest evidentiary burden known to modern law—rather than beyond reasonable doubt. In short, while administrative prosecutions create the illusion of a fair trial, and while administrative law judges generally strive to appear impartial, these proceedings afford defendants woefully inadequate due process.
More important, the proceedings violate the Constitution's separation of powers. Every phase of the proceeding, and every government official involved, is controlled by the agency in its role as chief prosecutor. The SEC assigns and directs a team of employees to prosecute the case. It assigns another employee, the administrative law judge, to decide guilt or innocence and to impose sanctions. Appeals must be taken to the same SEC commissioners who launched the prosecution, and their decision is typically written by still other SEC employees.
credits to: The Wall Street Journal Online by Russell G. Ryan

The IRS targeting Churches

Wow! I think that Americans should start looking around and finding out that little by little our freedoms are being taken away.  I wonder why there is so much secrecy among Government agencies not wanting to disclose important facts like this one to the American Public.  I also wonder why the big TV Channels and Radio Stations are silence and not advertising and airing these important news!

CNN, ABC, NBC and all the others should start airing all these news, aren't they interested in protecting the rights of their viewers? would that not be important and out of the ordinary news? I think they can have big ratings if they do, after all that is what is most important for them. VIEWERS and RATING which translates into MONEY.

NSA Tried to Delete Court Transcript

Redaction? Deleting the Clerk's Transcritp? Non-Sense! It seems there is more to the story to me than what the NSA is trying to delete/ redact/ not show to the public? I praise Judge White for standing up and protecting our Constitutional Rights. I hope he gets a Congressional Award for protecting American Liberties. Thank you Judge White and don't be afraid to protect your fellow citizens because you were elected to the Bench to protect the Law of the Land.  

I think what the American Public does not realize is that the Current White House Administration is trying to intimidate our Judges, not only at the local level but at the Supreme Court Level.  They know that if they can silence the Supreme Court Judges then they have won a great victory and America would have fallen prey of a Dictatorship government because all of the Constitutional Protections for all Citizens would been taken away forever.  The Three Branches of Government would ceased to exist and now a new form of Tyranny or Dictatorship would be the result of a political take over, if we let One man and his friends to rule and change America. Our Founding Father's would be the first ones standing up to this non-sense! 

These are  important issues we All should be viligant.  Everyone in America should be against any form of government that wants to rule over us by abolishing our freedoms.  

The 10 Commandments Historic Monument Must Go

I guess, they have the right to appeal the decision. It is very strange that people would be offended and be against a "Historic Symbol or Monument." I guess the Ten Commandments monument was there for 4 years and nobody had indicated they were disgusted by it in the past. So, I think most people are ok with it being on a City Hall. Does that matter in the Judge's Ruling? Is the Judge part ot the practicing religion of the offended people? I would like to know.

Maybe the ACLJ organization should help the defendant's appeal the case.  I think the 10 Commandments Historic Monument Should Stay Put. Just because I don't like something does not mean it should be taken down.  Most people say now days they are tolerant so i think we can be tolerant about this religious monument. 

JFK; Bush; LBJ; Nixon