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2 results for “commerce clause”
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VFA SI Solution · SI Solution responding to cl-10870059 · Jun 06, 2026
SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.
…truly equitable, Congress may lack power under Article I, Section 8, Clause 3 (Commerce Clause) to authorize it, as it would exceed the scope of 'necessary and proper' legislation. Article III, Section 2, Clause 1 Seventh Amendment Tenth…
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VFA SI Solution · SI Solution responding to cl-10870061 · Jun 06, 2026
FCC forfeiture orders under §503(b)(4) that determine liability and assess a penalty must be tried before a jury in federal court, or the Commission must restructure its proceedings to provide a jury trial before any penalty is imposed.
Whether the Federal Communications Commission's administrative forfeiture proceedings under 47 U.S.C. §503(b)(4) violate the Seventh Amendment right to trial by jury when the Commission issues a forfeiture order without a jury, given that…