Bench Memos

Media Matters Recycles Weak Argument That Dodd-Frank Challenge Is Just Another Non-delegation Case

Over at Media Matters, David Lyle responds to my Washington Times op-ed,  claiming that the Dodd-Frank constitutionality lawsuit is just another non-delegation case. As CEI’s complaint explains, it’s actually a separation-of-powers challenge:   

While the Supreme Court may have approved the constitutionality of any single removal of a check or balance in isolation—e.g., a limit on the Congress’s power of the purse—the Court has never approved all of Title II’s delegations, and eliminations of checks and balances, in a single law. In particular, the Supreme Court has never sustained the constitutionality of a statute that prohibits any meaningful judicial review of the Government’s action in the manner of Title II of the Dodd-Frank Act. Title II’s combinations of delegations, and eliminations of checks and balances, is unprecedented and unconstitutional.

I can find common ground with Lyle on one matter though: “Supporters of Wall Street reform should not take this anti-Dodd-Frank lawsuit lightly.”


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