If you go by the plain words of the Constitution, administrative agencies clearly violate the separation-of-powers provisions. From Matthew Vadum at The Epoch Times via zerohedge.com:
The Supreme Court may take steps to roll back the administrative state in its approaching term that begins next month, according to lawyers who frequently appear before the nation’s highest court.
The lawyers were appearing at a Sept. 20 event hosted by The Heritage Foundation think tank.
Attorney Paul Clement of the law firm of Clement and Murphy in Washington participated. Mr. Clement was U.S. solicitor general under President George W. Bush from July 2004 to June 2008.
Also participating was attorney Lisa Blatt, a partner at the law firm of Williams and Connolly in Washington.
The court agreed on June 30 to hear Securities and Exchange Commission (SEC) v. Jarkesy (court file 22-859) at some point in the upcoming term.
The SEC, an independent federal agency, enforces federal securities laws administratively or by filing civil actions in court.
George Jarkesy and his advisory firm, Patriot28, were sued in federal court in the District of Columbia in 2013 for infringing securities laws in managing two hedge funds. Mr. Jarkesy countersued, arguing that the structure of the commission ran afoul of the U.S. Constitution.
