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

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.