Texas Attorney General Ken Paxton, joined by a coalition of 18 states, has filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) and members of the Biden Harris administration, accusing them of illegally imposing sweeping regulations on cryptocurrencies without proper legal authority.
However, the SEC argues that such rules are authorized by the Securities Act of 1933 and the Exchange Act of 1934. The statement argues that the nearly 100-year-old law cited by the SEC is not intended to regulate #digital assets such as #cryptocurrencies .
The press release goes on to say that the SEC's regulatory actions have been characterized as exceeding its statutory authority (ultra vires) and violating the Administrative Procedure Act.
federal bureaucrats in Washington do not have the authority to dictate to states how they should interact with cryptocurrencies or to disrupt this emerging field with a regulatory framework that Congress did not envision, Attorney General Paxton said.
In the lawsuit, the State Union argued that the stacking activity was based on the Howey test, an established legal framework used to determine whether or not an asset qualifies as a security.
In addition, the lawsuit alleges that the fines and restrictions imposed on #cryptocurrency platforms in the absence of a clear regulatory framework have created significant risks in one of the fastest growing sectors of the economy. 1 In addition, it is argued that these actions violate the state's right to regulate its own economy.
Texas as a new cryptocurrency oasis. The move was made to ensure the stability of the Texas power grid as cryptocurrency mining operations expand in the state. The decision comes after a debate about Texas becoming a major center of cryptocurrency innovation. In a recent #interview , Texas Senator Ted Cruz criticized the federal government's views on cryptocurrency. I don't want federal bureaucrats controlling it, Cruz said.
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