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Sunday, March 05, 2023 10:08:34 AM
Some parallels can be drawn from the current administrations plan to utilize a federal agency (i.e., the Department of Education) to implement campaign promises that never would make it through Congress.
The NCLA is pointing out to the Department of Education through their comments to the proposed rule, that the Plan B of the student loan forgiveness drive by the Executive Branch may have yet more Constitutional Challenges:
NCLA Warns Dept. of Education that Proposed Student-Loan Plan Lacks Congressional Appropriation
Namely:
ANALYSIS
I. The Department Lacks Statutory Authority to Promulgate the Proposed Rule
II. The Department’s Interpretation of the 1993 HEA Amendments Would Violate the
Vesting Clause
III. The Proposed Rule Would Violate the Appropriations Clause
https://nclalegal.org/2023/02/ncla-warns-dept-of-education-that-proposed-student-loan-plan-lacks-congressional-appropriation/
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