Fannie Mae-No Politics (FNMA)

[bcde]

"The Supreme Court has recognized two limited exceptions to the president’s otherwise unlimited removal power.

First, Roberts noted, in Humphrey’s Executor the justices acknowledged that Congress could create for-cause removal protections for “a multimember body of experts, balanced along partisan lines, that performed legislative and judicial functions and was said not to exercise any executive power.”

Second, in two subsequent cases, the Supreme Court upheld exceptions for so-called “inferior” officers, who have limited duties and lack policymaking or administrative authority, such as an independent counsel."


HERA/FHFA do not conform to these two limited exceptions.
1. FHFA has single member head of agency not balanced by party lines
2. FHFA mainly exercises executive power as a regulatory agency, as a conservator and as a receiver. BTW OFHEO was a executive agency under HUD, and FHFA replaced it.
3. FHFA Director is not inferior officer and has very broad authorities.


HERA does not have severability clause. If any part of the HERA is struck down as unconstitutional, the rest of the law will not survive.