The federal administrative adjudicatory process and the use of Administrative Law Judges (“ALJs”) violate the 5th Amendment's Due Process Clause, the 7th Amendment's right to a jury trial, and the separation of powers. Further, the “for cause” restriction on the President’s power to remove ALJs violates Article II’s Appointments Clause and Vesting Clause. Administrative adjudication unconstitutionally allows federal administrative agencies to serve as the judge, jury, and prosecutor. While the Supreme Court should remedy many of these concerns in SEC v. Jarkesy. Congress could have already resolved these constitutional concerns by amending the APA to bar administrative adjudication and the use of ALJs. #AdministrativeLaw #DueProcess #AppointmentsClause #APA
Administrative adjudication is an unconstitutional system! It evades almost all of the procedural rights guaranteed under the Constitution. It subjects Americans to biased adjudication without real judges or juries and denies them their right to due process. Congress has the power to abolish these administrative tribunals and restore the 5th, 6th, and 7th Amendments to Americans subjected to these proceedings. It is time for Congress to ACT and unwind this unlawful administrative adjudication regime. Watch NCLA's Mark Chenoweth's full testimony before the House Judiciary Committee on reining in agency adjudication here: https://lnkd.in/g5fHbYXx