Bench Memos

Greg Zoeller’s Silly Season

Indiana’s Republican attorney general recently characterized the Dodd-Frank constitutional challenge as “silly season” before the election.  In the Washington Times, I question why Zoeller “would rather sit on his hands while the Obama administration takes a wrecking ball to our Constitution and our economy.”

The Consumer Financial Protection Bureau grants its director czar-like power, combining the authority with little legislative, executive or judicial oversight. Similarly, Dodd-Frank’s Orderly Liquidation Authority authorizes unaccountable corporate death panels, which are unrestrained by meaningful judicial scrutiny, while the Financial Stability Oversight Council has unchecked power to define “too big to fail.” In each instance, Dodd-Frank ignores our Constitution’s mandate for separation of power into three branches of government, housing it instead in one unaccountable agency.

Mr. Zoeller’s lack of interest in these problems doesn’t change the fact that our Constitution’s structure provides a remedy. 

Read the whole thing

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