Federal Courts Reveal Move Back to Enumeration Doctrine

By Douglas V. Gibbs ——Bio and Archives--May 23, 2022

 The Fifth Circuit Court of Appeals told the Securities and Exchange Commission that they could no longer legislate from within, nor hold court within the agency. Those charged have a right to a jury trial, said the court.

The move was based on the Enumeration Doctrine. Nowhere in the Constitution of the United States does it expressly authorize any agency to handle legislative activities or judicial activities within the agency. According to Article I, Section 1 of the Constitution, all legislative powers (the powers to make law, modify law, and repeal law) belongs to the legislative body of government, which, at the federal level, is the United States Congress. 

One might argue that the legislatures gave the agency the authority to make rules and to hear any challenges or make rulings regarding rule-breaking. However, in Article I, Section 1 the word used regarding the legal transfer of legislative powers from the States to Congress is “vested,” which means the authority cannot be given away by the legislative branch. As per the Separation of Powers doctrine, only the legislature can legislate, and they cannot legally hand those powers off to another branch of government............To Read More...