The Crypto War in Congress: How the GENIUS & CLARITY Acts Change Everything

Bridger Pennington breaks down the GENIUS and Clarity Acts, two major crypto bills reshaping how the SEC and CFTC regulate digital assets. The Clarity Act uses a "mature blockchain" test to classify assets as commodities instead of securities, while the CFTC gets new license categories for crypto exchanges. The competing Senate bill would expand SEC power instead.
Chapters
Imagine waking up one day and your favorite crypto wallet just got hit with a new rule that freezes trading, not because of fraud, but because of government interference. Now, my name is Bridger Pennington. I run 2 8-figure funds. We've raised over $50 million of equity in those 2 funds, and I actually currently run a crypto fund. So this next topic is near and dear to my heart because of major things that are happening across the government right now. Now, Congress just made cryptocurrency mainstream in America, which is exciting. And while everyone's celebrating, there's a massive story hiding in plain sight that could change everything. Now, I'm talking about the Genius Act and the Clarity Act, 2 bills that just passed Congress with bipartisan support. But here's what's wild: while Trump was signing the first major crypto law in history, there's a $250 billion power struggle happening behind the scenes that no one is talking about. Now, you may have heard that President Trump signed the Genius Act on July 18th, Officially called the Guiding and Establishing National Innovation for U.S. Stablecoins Act. Genius. Calling it perhaps the greatest revolution in financial technology since the birth of the internet itself. This is the first major federal law governing digital currency, creating a regulatory framework for the $250 billion stablecoin market. Now, stablecoins have become extremely useful over the last few years. Last year alone, stablecoin transaction volume surpassed Visa, MasterCard, and American Express. This allows international companies to quickly move dollars overseas in the blink of an eye. Additionally, the vast majority of stablecoins are built on Ethereum, which just so happens to be the Trump family's largest crypto holding in their personal wallets. Now I'm getting ahead of myself. We'll hit that in a few minutes. So this is where it gets interesting because the Senate has their own version of this bill that gives the SEC way more power. So this is where the real power grab is happening. So I started digging into these bills, and what I found was fascinating. This is not just about making crypto mainstream. This is a complete reshaping of who controls what in the digital asset space. And the fight isn't between Democrats and Republicans. It's between 2 government agencies, the SEC and the CFTC. Let me break this down for you because this is where it gets spicy. For those who don't know, the SEC, the Securities and Exchange Commission, they're the ones who regulate stocks, bonds, and traditional securities. Think Wall Street oversight. Now, the CFTC, the Commodities Futures Trading Commission, they regulate commodities like oil, wheat, gold, and future contracts. Think agriculture and energy markets. Now, here's the thing. Crypto doesn't really fit neatly into either category, which is why they've had years of regulatory confusion. And I mean years. The CFTC and the SEC have been fighting about this constantly of who is in charge of what inside of crypto. So the Clarity Act essentially provided a lot of clarity. They said, hey, SEC, you get the securities, and hey, CFTC, You get the commodities. Sounds simple, right? Well, wrong. It's a little more complex than that. The devil is in the details of how they decide what's a security and what's a commodity. So let me break this down. Under the Clarity Act, the SEC oversees any digital asset that functions like a security. Things like tokenized stocks, dividend-paying tokens, or governance tokens with financial rights. They also regulate the platforms that trade them. Like exchanges and broker-dealers. Think like Coinbase. And no matter what, the SEC keeps anti-fraud authority across the board. Now, the CFTC, on the other hand, gets control over digital commodities like Bitcoin and Ethereum and similar tokens. They regulate the spot and derivative markets and oversee new types of players, which they announced inside of this bill. So they announced 3 different types of categories. The first one is a digital commodity broker. They actually go and execute the trade similar to commodity brokers. But now this is for digital assets. The second one is digital commodity dealers. They trade for themselves and people can go get this license from the CFTC. And then finally, the digital commodity exchanges where everything happens and certain firms can apply and become a digital commodity exchange. This is major because for years Wall Street didn't want to play in the digital asset space. Because these licenses and frameworks did not exist. So now major broker-dealers, major commodity pool operators, and exchanges can now go and apply for these licenses and play in the digital asset space. So yeah, this is a pretty clean split on paper, but in practice, the definitions are still murky, the stakes are massive, and both agencies want more control. And we'll see how these lines move over the coming months and years. Years. Now, under the Clarity Act, here's how it works. A digital asset starts as a security by default, meaning it falls under the SEC oversight. But if you can prove your blockchain is, quote, sufficiently decentralized— they call this, quote, a mature blockchain system— then boom, it becomes a commodity, and that moves from under the SEC to the CFTC's oversight instead. Now, why does this matter? Because historically, the crypto industry has preferred being under the CFTC regulation over SEC regulation. The securities laws under the SEC seem more burdensome, more restrictive. The CFTC is generally viewed as more crypto-friendly, but not everyone in Washington is ready to give up that kind of control. So the Senate's response? A competing bill called the Responsible Financial Innovation Act, or RFIA. And this is where motivations become crystal clear. The RFIA leans heavily towards the SEC. It gives them more authority to define something called an ancillary asset, a category that could include a huge swath of crypto tokens. Under this bill, the SEC can basically decide which assets stay under its control and which ones can be released to the CFTC. Why is this important? Because the SEC has a vested interest in keeping crypto close. More oversight means more funding, more influence, and more control over the future of finance. And they're not about to give that up without a fight. Legal experts at Akinn Gump explained it like this: The RFIA bill delegates more power to the SEC to determine the number of so-called ancillary assets, thereby allowing the SEC to potentially retain more oversight over the digital assets space. That's not regulatory clarity; it's a deliberate move to keep crypto under tighter SEC control. Now, this currently is just a bill, so while the House tries to nudge crypto towards the CFTC and a more innovative-friendly path, the Senate and the SEC are drawing a line in the sand and trying to pull more power to the SEC. And the kicker? Senator Elizabeth Warren, one of crypto's loudest critics, sits on the Senate Banking Committee, which I don't know who put her there. She's made it clear she wants strict regulation, and she's almost certainly not going to give anything back that shifts power away from the SEC. Now, this isn't just legislative bantering. This is a full-blown turf war. Now, while everyone was focused on the Genius Act signing ceremony, the Clarity Act, the Anti-CBDC Act, something else was happening behind the scenes that reveals the real political chess game being played. Let me give you the timeline, because the timeline here is crucial. July 17th, the House passes the Clarity Act by a vote of 294 to 134, shifting more oversight to the CFTC. July 18th, the next day, Trump holds his big signing ceremony during Crypto Week for the Genius Act, surrounded by crypto executives. Now, the Trump family has been accumulating a lot of crypto, and I mean a lot of crypto over the last few months and years as Trump has claimed that he wants the United States to be the crypto capital of the world. Back in January, you can track World Liberty Financial. This is Trump's family crypto project. They bought $89 million of Ethereum back in January and then just a week later bought another $9 million of Ethereum. This also goes hand in hand with the Trump coin that came out and the Melania coin that skyrocketed to tens of billions of dollars of market cap the Trump family before coming down quite a bit. It's estimated right now the Trump family controls anywhere from about $4 to $7 billion of crypto holdings. And what's interesting enough is the largest holding inside of World Liberty Financial is Ethereum. Now, why is Ethereum important? It's what we mentioned at the beginning with the Genius Act. The Genius Act gave clarity to all of Wall Street to start building stablecoins. 58% of global stablecoins are currently built on Ethereum, blowing away other competitors like Solana, which is less than 10%, Ripple's stablecoin, which is less than 1%. And many banks have hinted at their plans to build their stablecoins now on the Ethereum blockchain. Now, skipping forward from January, July 17th and 18th, we passed the Clarity Act and then signed those into law. So let that sink in. The most powerful man and family on Earth is stacking crypto seemingly as quickly as possible. And Trump's sons have been tweeting consistently about how they want to buy more Ethereum and Bitcoin. And the Trump family is behind the scenes signing laws that create and reshape this industry to allow blockchain to revolutionize Wall Street. So to all my critics out there that hate crypto, you've now got to hate crypto when Wall Street likes it, when the Trump family likes it, and it's becoming more and more mainstream adoption. Now, the White House claims there's no conflict of interest because Trump's assets are held in a trust managed by his children. But it doesn't take a conspiracy theory to connect the dots. They know what's going on on the inside, especially when you realize anyone can look up how much the crypto White House officials hold at any time. These holdings are public record. So no, this isn't just about making crypto or stablecoins mainstream. It's about controlling a multi-trillion dollar industry. And the people writing the rules, they're not exactly impartial. Over the years, I've made a rule for myself. I used to be upset when wealthy people would load up on an asset and make lots of money and I'd try to put my arms up and stop a tidal wave happening and say, this is wrong, this isn't right. But throughout the years, I've learned it's probably much better to just grab a boogie board and go with the tidal wave. Right now, we have a major tidal wave heading in the direction of blockchain and crypto. from the largest and most powerful institutions on Earth. So here's what this could mean for you. If you're in crypto, your entire regulatory future is being decided right now by which version of these bills becomes law. Now, if the Clarity Act stays and wins, more of your favorite tokens could end up as commodities under the lighter CFTC oversight. If the RFIA wins, the SEC keeps more control and potentially more restrictive security regulations apply. Now, regardless if the RFIA gets passed, we already have the Genius and Stablecoin Act into law, and all of Wall Street right now is waking up to the idea of blockchain revolution inside of the financial system. What we're witnessing is, for the first time in American history, that cryptocurrency is getting a comprehensive federal regulation. But so far, it's not as clean and simple as it's put out to be. Instead, this is a complex power struggle between the most powerful people and industries on earth with billions and trillions of dollars in the balance. But overall, this is a major win for the cryptocurrency companies of the world. There finally is some clarity between the CFTC and the SEC on who regulates what. Furthermore, this allows non-crypto players like large broker-dealers or registered investment advisors or other Wall Street players to now come apply for licenses and start playing in the digital asset space. There are still many new things coming out, many new partnerships being made, and we are seeing an overall major adoption through the financial industry with a lot more coming. Now, if you like this style of video, comment down below so we know. Furthermore, comment topics that we should do other deep dives on as well. And if you like this video, please hit the like and subscribe button so that we can push this out to more people on
More from Bridger

The AI stack is trying to consolidate to a winner take all, do you think it'll stay fractionalized

Before you launch a fund, triple check your fund attorney actually filed everything.

Different view on housing affordability and the fed raising rates not lowering rates







