Sunday, September 21, 2008

Non-reviewable non-acceptable

Don't federal courts, and ultimately the Supreme Court, have a well-established power to review actions by the executive and legislative branches? My understanding, even as a non-lawyer, is that this is called judicial review, and has been part of American jurisprudence for over 200 years. So what's the deal with this clause of the proposed bailout legislation?
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
This either is or should be unconstitutional.

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