Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

"This “self-actualizing, perpetual funding
mechanism” is “so egregious” because it operates in
perpetuity. Pet.App. 33a, 36a n.14. That “reverses
the baseline” for appropriations under Article I.
All American, 33 F.4th at 238. Rather than both
chambers of Congress and the President needing to
agree to fund the CFPB each year, the agency can
continue to choose the amount of its own funding
“forever” (up to the illusory cap) “unless prohibited
by Congress” and the President. Id.

Thus, if the people’s representatives try to take

back the power over the CFPB’s purse, the President

or either chamber can unilaterally “veto” that effort.
Id. This inversion of the Appropriations Clause is
analogous to the unconstitutional granting of
legislative power to the President or one chamber
alone. See Clinton v. City of New York, 524 U.S. 417,
447 (1998); INS v. Chadha, 462 U.S. 919, 959 (1983).
Put differently, although “one legislature cannot
abridge the powers of a succeeding legislature,”
Fletcher v. Peck, 10 U.S. (6 Cranch) 87, 135 (1810)
(Marshall, C.J.), “that is exactly what the
masterminds behind the CFPB” were attempting.
All American, 33 F.4th at 239. Congress acted “intentionally to bind its own hands in the future
when political winds change.” Id. at 239 & n.64."