Sunday, September 27, 2020 6:29:11 PM
unconstitutionally structured agencies in court,
Congress has no incentive to ensure that newly
created agencies are consistent with the
constitutional design."
Excellent point.
What incentives congress and bureaucrats have to stop abusing the rights of citizens, if courts just keep on correcting the laws and ignoring the lawless decisions of bureaucrats?
Courts needs to reverse all the harm caused by such bureaucratic abuses in order to create strong disincentives to prevent bureaucratic abuses and overreaches.
Courts not only need to reverse all the harm caused by such unconstitutional laws and decisions but also create strong disincentives for bureaucrats. This is especially important for unaccountable independent agencies like FHFA.
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