Friday, May 20, 2016 10:14:57 PM
Dodd-Frank is criminal, civil and administrative law wrapped into one. The criminal portion of the Dodd-Frank has been found unconstitutional (example: punishing executives either financially or otherwise for causing the 2008 economic crisis which was retroactive punishment since financial/company mismanagement was not a crime). All ex post facto criminal law has been found unconstitutional.
Ex post facto as it applies to the administrative portion (which gave more authority to the FDIC as well as expands their role in the financial sector) of Dodd-Frank legitimizes the seizure, sale/liquidation, etc of WMI assets by the FDIC, despite the law being signed post-seizure. Legal - yes. Constitutional - so far yes (until a new constitutional challenge arises). Ethical - grey area, skewing more towards no.
That is the relevance.
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