#Bestof2022: #SEC: Not part of the 1789 design. Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law School.
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 12 December 2023
⏱️ 15 minutes
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Summary
https://www.hoover.org/research/stopping-runaway-sec
1950 White House repairs
Transcript
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| 0:27.9 | Tees and sees apply, Samsung.com pricing shown. This is Texas. |
| 0:34.7 | This is CBS. |
| 0:36.7 | I'm John Bachelor. |
| 0:38.8 | The Fifth Circuit, Federal Circuit Court of Appeals, this is Texas. |
| 0:44.8 | Richard Epstein of the Hoover Institution guides me to this document dated May 2022. Congress has given the Securities and Exchange Commission's |
| 0:55.2 | substantial power to enforce the nation's security laws. It often acts as |
| 1:00.6 | both prosecutor and judge and its decisions have broad consequences for personal |
| 1:05.4 | liberty and property. |
| 1:07.2 | But the Constitution constrains the SEC's powers by protecting individual rights and the prerogatives of other branches of government. |
| 1:16.1 | This case is about the nature and extent of those constraints in securities fraud cases in which the SEC seeks penalties. The case is |
| 1:25.3 | Jarkesi. I welcome Richard Epstein of the Hoover Institution. He is a senior |
| 1:30.5 | fellow, he teaches law at NYU and the University of Chicago and he is my guide |
| 1:35.3 | through what Richard explains to me his constitutional history and an absence of clarity |
| 1:41.9 | about the SEC's powers since the New Deal. |
| 1:46.0 | Richard, a very good evening to you. |
| 1:48.2 | This case recently handed down, two to one decision in the Fifth Circuit |
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