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Re: Robert from yahoo bd post# 631152

Monday, 09/07/2020 4:42:56 PM

Monday, September 07, 2020 4:42:56 PM

Post# of 800143


This IS NOT SURPLUS LANGUAGE FROM FREE ENTERPRISE AS QUOTED IN SEILA:


I don't know what this means.


HOW DO YOU KNOW (much less the 9 US Supreme Court Justices) THAT CONGRESS WOULD HAVE PREFERRED NO SINGLE DIRECTOR AT ALL TO ALLOWING THE SINGLE DIRECTOR TO BE REMOVABLE AT WILL?


I don't know, it will be up to scotus to make that determination and I don't think it will be unanimous because you are asking scotus to read the minds of congress, instead of what is written or not written. I would expect textualists to void HERA in its entirety based on that principle but other would argue that the intent of congress was not to invalidate the entire law. There are other provisions in HERA that go towards not just FHFA but for homowners. Legislative intent, in not voiding the entire law for example,Housing Assistance Tax Act of 2008, FHA Modernization Act of 2008, Federal Housing Finance Regulatory Reform Act of 2008, HOPE for Homeowners Act of 2008, Mortgage Disclosure Improvement Act of 2008, Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Voiding the entire law would also void those provisions inside HERA. Do you really believe that will happen, just because one provision relating to FHFA may be unconstitutional?


BTW, I am enjoying our intellectual quest here! I hope you aren't getting mad or anything, that's not my intent!



I always enjoy intellect. Nice relief from the cheerleaders that know nothing.