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Saturday, April 15, 2023 9:55:04 AM
Quote: “This sets the stage for dealing with FHFA since it seems to satisfy the three Thunder Basin work arounds that were created in Axon and Cochran today.” End of Quote...
Help me out?
The executive branch entities are not given the power to hold in-house tribunals, constitutional propriety.
SUPREME COURT OF THE UNITED STATES
JUSTICE THOMAS, concurring.
I join the Court’s opinion in full because it correctly applies precedent to determine that Axon Enterprise’s and Michelle Cochran’s structural constitutional claims need not be channeled through the administrative review schemes at issue. I write separately, however, because I have grave doubts about the constitutional propriety of Congress vesting administrative agencies with primary authority to adjudicate core private rights with only deferential judicial review on the back end.
The taking of private property in violation of the 5th Amendment of the United States Constitution.
FHFA and its Director are executive branch entities. They can not make changes to federal laws. Only Congress can change the law.
Therefore, the U.S. Congress did not give DeMarco the power to take all the future profits of their wards in conservatorship into perpetuity, thus Nationalizing the GSES, based on an Incidental Power in HERA.
The U.S. Congress would have given the FHFA more explicit instructions to do so than merely drafting in the HERA to do whatever it feels is in its best interests. DeMarco, this non-elected bureaucrat, has been allowed to steal the companies for the Treasury.
https://www.supremecourt.gov/opinions/22pdf/21-86_l5gm.pdf
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