Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Great job! That's exactly why I come to this board, to share and debate all the different moving parts of this bizarre fact pattern!

You're quoting Mistretta v. United States, 488 U.S. 361 (1989), where the Majority Opinion is quoting former POTUS Taft who subsequently went on to head the USSCT (busy Dude, right!).

Mistretta was caught possessing cocaine with intent to distribute and was sentenced within the Sentencing Guidelines, a form Judges use to sentence criminal Defendants, that form was developed by a panel of experts that the defendant alleges was developed in violation of the US Constitution under the Nondelegation Doctrine.

Held: "The Constitution's structural protections do not prohibit Congress from delegating to an expert body within the Judicial Branch the intricate task of formulating sentencing guidelines consistent with such significant statutory direction as is present here, nor from calling upon the accumulated wisdom and experience of the Judicial Branch in creating policy on a matter uniquely within the ken of judges."

https://supreme.justia.com/cases/federal/us/488/361/

The 1989 USSCT opinion says, "Accordingly, this Court has deemed it "constitutionally sufficient if Congress clearly 373*373 delineates the general policy, the public agency which is to apply it, and the boundaries of this delegated authority." American Power & Light Co. v. SEC, 329 U. S. 90, 105 (1946)."

It is true that the US Congress can't possibly have the expertise to regulate something like Radio Frequency Waves on the Wireless spectrum or the safety of drugs and meat and DELEGATES to the FCC, FDA, and the USDA, in effect "mini governments", a legislative, judicial, and executive branch all in one into EACH of these federal agencies.

These federal agencies then unleash their "wisdom" on the American people and their businesses.

These federal agencies began with the ICC in the late 1800's to today with hundreds of federal agencies regulating and delving into the minutiae of Americans lives and businesses (do you like cooking with a gas stove?)

America has come along way in Administrative Law since Taft, Woodrow Wilson, and James M Landis espoused their views on their benefits to American Society and these federal agencies powers began and likely peaked with the Chevron Defence holding in the late 1980's.

Although the US Congress CAN delegate its powers to an administrative state (e.g., the FHFA), when it delegates its powers to the FHFA to "do what's in the best interests of the FHFA and/or the public it serves", the FHFA cannot Nationalize the 2 lynchpins of the US Secondary Mortgage Markets as that power, to decide MAJOR QUESTIONS of Political and Economic Importance on behalf of the American people, is RESERVED CONSTITUTIONALLY FOR EXCLUSIVE USE by our ELECTED REPRESENTATIVES IN CONGRESS.

See WV v EPA, decided in June 2022.

Here's a nice historical perspective from a Columbia Law Professor on the history of the Administrative State:

https://www.cato.org/multimedia/cato-video/administrative-law-unlawful

This Columbia University Law Professor makes some compelling arguments and this fact pattern fits comfortably within why the Nondelegation Doctrine should be important to the American people and how they are governed.

He's also CEO of the National Civil Liberties Alliance, here's their website:

https://nclalegal.org/moroney-cfpb/