Professor Chad Squitieri from Catholic Law recently published an article in the CATO Institute's Cato Supreme Court Review. This piece examines the Supreme Court's recent ruling on the constitutionality of the Consumer Financial Protection Bureau's (CFPB) funding statute. Click here to read the article, and below is a quote from the article.
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As this article will explain, the Supreme Court got it right in Community Financial. But here’s the kicker: That does not mean that Section 5497 is constitutional. As I’ve argued before and as the Supreme Court now agrees, it is not the Appropriations Clause that vests Congress with the authority to appropriate funds. It is other constitutional text that vests Congress with the authority to enact appropriations laws. Thus, future “appropriate” appropriations challenges (as I have termed them) should focus on the limitations imposed by that other constitutional text—and not the Appropriations Clause itself.
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