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Full-Text Articles in Law
The Future Of Agency Independence, Lisa S. Bressman, Robert B. Thompson
The Future Of Agency Independence, Lisa S. Bressman, Robert B. Thompson
Vanderbilt Law Review
Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In this Article, we identify mechanisms that make independent agencies increasingly responsive to presidential preferences. We find these mechanisms in a context where independent agencies traditionally have dominated: financial policy. In legislative proposals for securing market stability, we point to statutorily mandated collaboration on policy between the Federal Reserve Board and the Secretary of the Treasury. In administration practices for improving securities regulation, we focus on White House coordination of, …
Obama's Equivocal Defense Of Agency Independence, Kevin M. Stack
Obama's Equivocal Defense Of Agency Independence, Kevin M. Stack
Vanderbilt Law School Faculty Publications
You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted.
President Obama is no exception, as revealed by his defense of the constitutionality of an independent agency from challenge under Article II in Free Enterprise Fund v. Public Company Accounting Oversight Board' (PCAOB) in the Supreme Court this term. The PCAOB is an independent agency, located inside the Securities Exchange Commission (SEC), created to regulate accounting of public companies in the wake of …