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Analysis of Ambiguity and Broadness in the Bank Secrecy Act
The Bank Secrecy Act is not ambiguous, but rather extremely broad./nAn ambiguous law and a broad law both have negative implications in the rule of law analysis./nChevron deference and major questions doctrine depend on ambiguity in a statute for the administrator to abuse its power./nNon-delegation doctrine deems a delegation as unconstitutional if it is overly broad, regardless of clarity in the statute./nThe non-delegation doctrine is seen as a slam dunk argument against the constitutionality of the Bank Secrecy Act./nJustice Brennan's dissenting opinion highlights the unconstitutional delegation of power in the Bank Secrecy Act.