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Tuesday, September 12, 2023 5:13:51 PM
https://www.scotusblog.com/case-files/cases/consumer-financial-protection-bureau-v-community-financial-services-association-of-america-limited/
Issue: Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding.
"The nondelegation doctrine in its purest form
renders § 5497(a) unconstitutional. There is no
“intelligible principle” that would enable Congress to
delegate its express, specifically assigned, and
exclusive duty under the Appropriations Clause to
control the government’s purse strings. Delegation by
Congress of a duty that the Constitution assigns
exclusively to Congress is a contradiction in terms."
Amicus Brief Atlantic Legal Foundation
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