by helen.taylor@ncla.legal | Nov 7, 2022 | Opinion, Peggy Little
The ever-expanding administrative state has become a fourth branch of government. Unelected, unaccountable and tenure-protected bureaucrats enact most rules governing Americans’ lives—thousands of new ones every year. Seeking to aid this swelling administrative state,...
by judy.pino@ncla.legal | Apr 8, 2022 | Blog, Peggy Little
When did it become acceptable to ask people about their race, gender identification, and sexual preferences when determining their qualifications to do a job? If the SEC—and the stock exchange it supervises, Nasdaq—have their way, the answer is quickly...
by NCLA | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
by helen.taylor@ncla.legal | Aug 3, 2022 | Kara Rollins, Opinion, Peggy Little
“Agencies that combine enforcement and adjudication—as many do—are unconstitutional. But convenient for the government,” law blogger Glenn Harlan Reynolds posted earlier this year. For those who follow SEC enforcement, particularly adjudication by in-house...
by judy.pino@ncla.legal | Oct 21, 2020 | Opinion, Peggy Little
Imagine Congress enacting a law providing that every trade you or your broker makes in the stock market must be reported to the Securities and Exchange Commission for storage in a government database. This forced surrender is analytically no different from reporting...