Question
The Consumer Financial Protection Bureau is empowered to sue business owners in court or at its sole discretion subject business owners to an administrative-enforcement hearing,
The Consumer Financial Protection Bureau is empowered to sue business owners in court or at its sole discretion subject business owners to an administrative-enforcement hearing, administered by the CFPB. Those in-house decisions can be appealed to the CFPB's director. After the director's decision a business owner may then appeal to the regular courts. Courts are required to defer to the CFPB's factual findings and legal conclusions.
In Seila Law v. CFPB the U.S. Supreme Court considered whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers. This case was decided in June 2020. Please read about this case (do several web searches).
Discuss, using external sources to back up your assertions, whether or not the legislative and executive functions of agencies are contemplated within the constitutional authority granted the executive and legislative branches, and whether, in your informed opinion, the CFPB should be left as is, or disbanded, or restricted in a way that everyone may agree meets constitutional standards.
Resource Video: http://thebusinessprofessor.com/authority-for-administrative-agency-functions/
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