Courts must not help agencies to extend their powers beyond statutory and constitutional limits. But, for too long, agencies’ expansive views of their powers were assisted by judicial deference and acquiescence—at the expense of the people’s liberty and the rule of law.
Under the substantial-evidence standard, executive branch agencies are given either non-executive or unilateral power, and the judicial branch is ordered to refrain from exercising judicial power. This Court should discard this system of executive adjudication followed by judicial non-adjudication because it violates the Arizona Constitution’s separation of powers and the due process of law.
The political branches should not be allowed to devise a mechanism that allows them to escape political accountability. This Court should grant the petition [for certiorari] and reverse.
Courts construe laws. But they cannot make law. A law, particularly a criminal law, must be capable of being understood by ordinary people... Accordingly, this petition presents an opportunity to do what the Court should have done in Skilling: acknowledge that repairing a statute is beyond the scope of the judicial power and send the honest services law back to Congress.
If a non-delegation limit exists, the International Emergency Economic Powers Act crosses it by transferring to the President a near-total legislative power—decisions about the “important subjects”—explicitly vested in Congress by the People. The Court should say so.
The Court should return to first principles and hold that the President has authority to remove principal executive officers at will, so that, consistent with the Constitution, the President has an effective check against Congress’s broad delegations of power to Executive Branch agencies.
"[T]he Seventh Amendment is a constitutional protection against arbitrary government power. And critically, it is a limit on the permissible structure of an adjudicatory body—if the Seventh Amendment jury trial right applies to a claim, it must be tried in an Article III court."