Super-Legislatures: Evaluating Dodd-Frank’s CFPB and OLA Provisions and Obamacare’s IPAB

April 1, 2013

The Obama administration’s recent large-scale legislative initiatives, The Wall Street Reform and Consumer Protection Act (Dodd-Frank) and the Patient Protection and Affordable Care Act, have a significant theme in common. Both acts rely on unelected and unsupervised bodies to oversee and enact new laws — a trend that threatens both our political and our economic liberties. Our panelists will discuss the constitutionality of creating these new “super-legislative” bodies – the Consumer Financial Protection Bureau, Orderly Liquidation Authority, and the Independent Payment Advisory Board – and the implications for the rule of law. The panel will also discuss the possibility of reviving the “non-delegation” doctrine.

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