This is the Cato Daily Podcast for Tuesday, December 12th,

2023.

I'm Caleb Brown.

The Seventh Amendment recognizes a right to a jury trial,

but when the feds seek to deny you life, liberty or property.

They often don't deliver on the process that you might think is due.

They instead handle the cases in-house, within a federal agency.

Attorney Adi Dynar with the Pacific Legal Foundation

discusses what's at issue in the current Jarkasi case before the Supreme Court.

We also discussed another case that may be hot on its heels.

We are told that we have three branches of government,

executive, legislative, and judicial.

But at least at the federal level,

we have federal agencies that have taken on judge-like functions and they have

administrative law judges who by all accounts look like judges when they make their determinations on matters of law

and they have teeth that is the fines that they issue typically have to be paid.

And for people who don't like that,

people who feel like they have not received due process when they are dealing with these agencies.

What recourse have they had up to now?

They have not had any recourse because you have set up, we have set up a

system where these adjudications have to occur in front of the administrative tribunals before you can obtain any

eventual judicial review.

...