Question
Congress established an independent agency, the Consumer Financial Protection Bureau (CFPB), to curb fraud and promote transparency in consumer loans, home mortgages, personal credit cards,
Congress established an independent agency, the Consumer Financial Protection Bureau (CFPB), to curb fraud and promote transparency in consumer loans, home mortgages, personal credit cards, and retail banking. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress gave the CFPB a single Director protected against removal by the President without cause. The Director of this independent agency may only be fired only for "inefficiency, neglect of duty, or malfeasance in office." That design choice is challenged here as an unconstitutional impediment to the President's power.
Does removal of an independent agency's director (i.e., the Director of the CFPB) only for cause violate the President's powers under Article II? Why or why not? [PHH Corp. v. Consumer Fin. Prot. Bureau, 881 F.3d 75 (2018)].
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started