Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

The case AGAINST Humphreys Executor, according to the PLF: "Since the ruling in Humphrey’s
Executor, however, it has become less clear where the
buck stops. Congress has shifted legislative,
executive, and judicial power to “independent”
agencies and attempted to insulate agency officials
from presidential control with tenure protections and
other means. The resulting concentration of power—
“the very definition of tyranny,” according to James
Madison, The Federalist No. 47, at 324 (J. Cooke ed.
1961)—without accountability to the President or the
people, blurs the lines of responsibility and “pos[es] a
significant threat to individual liberty and to the
constitutional system of separation of powers and
checks and balances.” PHH Corp. v. CFPB, 881 F.3d
75, 165 (D.C. Cir. 2018) (Kavanaugh, J., dissenting).
The Court’s ruling in Humphrey’s Executor partially
blessed this approach, leading to a “more pragmatic”
and “flexible” view of the separation of powers when it
is “convenient to permit the powers to be mixed.” Perez
v. Mortgage Bankers Ass’n, 575 U.S. 92, 115–16 (2015)
(Thomas, J., concurring in judgment). The resulting
“headless fourth branch of government” leaves the people with no meaningful way to hold government
responsible for its actions. City of Arlington, 569 U.S.
at 313–14 (Roberts, C.J., dissenting).
Thus, the “constitutional strategy is straight-
forward ….” Seila Law, 140 S. Ct. at 2203. It divides
power “everywhere except for the Presidency, and
render[s] the President directly accountable to the
people through regular elections.” Id. And while some
executive officials “will still wield significant
authority” that authority is overseen by the elected
President. Id. But the FHFA upends the
constitutional strategy. This Court should hold, like
Seila Law just last term, that the FHFA director may
not be insulated from presidential control with tenure
protections.
B. The Court Should Overturn Humphrey’s
Executor to Ensure Agencies Are Not
Insulated from Presidential Control.
Between the Court’s rulings in Myers in 1926 and
Humphrey’s Executor in 1935, Congress did not create
any agencies insulated from presidential control.
Although Congress set up several commissions that
bear the hallmark of an “independent” agency (e.g.,
multi-headed, staggered-term, bipartisan
commissions such as the Federal Radio Commission,
the Federal Power Commission, the Securities and
Exchange Commission, the National Labor Relations
Board, and the Bituminous Coal Commission), all
were subject to removal by the President. This Court’s
ruling in Humphrey’s Executor in 1935 paved the way
for Congress to create scores of agencies within the
Executive Branch unshackled from presidential
control.

There's more if interested here: https://pacificlegal.org/wp-content/uploads/2020/09/Collins-v.-Mnuchin-AC-Brief.pdf