Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Here's the thing that's hard for many to understand but important here. A federal agency action can be done that's in compliance with the statutory powers granted by the US Congress, but if it violates the US Constitution it can be ruled as an Unconstitutional Agency Action and invalidated.

So, Collins says that it's within the power (i.e., the Incidental Powers of HERA) for FHFA to implement the NWS, WHAT COLLINS DOESN'T SAY IS THAT THE NWS DOESN'T VIOLATE THE US CONSTITUTION.

Notice how ALL the Constitutional Claims to invalidate the NWS continue to move through the courts until they are exhausted by the courts, which typically ends at the highest court, the SCOTUS, either through the Denial of a Petition for a Writ of Certerrori (the 5th Amendment Takings Cases) OR by a decision by the SCOTUS saying that the US Constitution was not violated.

Invalidating the NWS would actually make it easier for the federal government to end the CONservatorships, but they are fighting hard to keep every penny. Whenever the shareholders challenge the Constitutionality of the NWS, the government just hires a small army of blue chip firms to defend it and this results in long lasting court battles as the federal government fights tooth and nail. BTW, the GSES pay for all those legal fees from the GSES balance sheets!

Notice how the DJT administration actually agreed that the insulated FHFA Director should be firable by the POTUS and stopped defending it in Collins (the SCOTUS had to appoint someone to defend it) and of course we won on that issue but the remedy the SCOTUS instructed the federal circuit to consider was not the slam dunk shareholders were looking for.