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Cato Daily Podcast

Due Process and Federal Agency Adjudications

Dec 12, 2023
Explore the lack of due process in federal agency adjudications and the constitutional questions surrounding agency adjudications. Discuss the denial of due process rights in cases like Jarcusy and the firing of a credit union CEO. Dive into the issue of federal agencies acting as prosecutors, judges, and executioners without a court process. Delve into the potential outcome of a case on delegation of powers to executive branch agencies and its implications on administrative law cases.
09:31

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Quick takeaways

  • Federal agency adjudication often lacks due process and denies individuals their constitutional rights in administrative law courts.
  • The Supreme Court's decision in the case of Securities and Exchange Commission versus Jarcusie may have implications for the argument that agency adjudication is an improper delegation of judicial power.

Deep dives

Due process concerns in federal agency adjudication

A major concern in federal agency adjudication is the lack of due process for individuals facing accusations from these agencies. Instead of getting a fair trial in front of an impartial judge and jury, cases are often handled internally by administrative law judges within the agency itself. These adjudications occur before any opportunity for eventual judicial review, leaving those affected with no recourse. The case of Securities and Exchange Commission versus Jarcusie currently before the Supreme Court highlights the issue of constitutional rights and process in agency adjudications.

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