Legal Commentary

Is the CFPB?s Deputy Director Unconstitutional?

By Todd Zywicki

Kent Barnett argues that the manner in which the Deputy Director of the Consumer Financial Protection Bureau is appointed is potentially unconstitutional under Free Enterprise Fund v. PCAOB.  I am not an expert in Appointments Clause jurisprudence but I found the argument to be persuasive on my read.

Boyden Gray and John Shu have argued that other elements of Dodd-Frank are unconstitutional as well.

Full post as published by The Volokh Conspiracy on March 01, 2011 (boomark / email).