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Tuesday, October 27, 2020 6:42:44 PM
4617(f) Limitation on court action
Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver.
Executive powers must be controlled by the other 2 branches of the separation of powers, in other words an independent agency cannot forbid the president, and if executive it cannot prevent judicial power, so currently it is illegal and as executive it will be illegal too
1) Legislative Power (the power to pass laws) to Congress
2) Executive Power (the power to administer the laws) to the President
3) Judicial Power (the power to interpret and enforce the laws) to the Courts
Quote:
Your argument that the independence of FHFA means that 4617(f) is invalid is thus completely wrong.
A question: is that section of the GSE Act materially different than HERA's 4617(f)? If so, how?
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