Supreme Court to consider a limit on the administrative state

  • 23 January 2020
  • NormanL

The ever-expanding federal bureaucracy has long been a target of conservative ire. Congress has given too much power to unelected, unaccountable civil servants, creating, in effect, a fourth and even fifth branch of government.

One of the most egregious examples of this shrugging of responsibilty is the Consumer Financial Protection Bureau. Created in the wake of the Great Recession to clamp down on banks and financial entities – and the brainchild of Sen. Elizabeth Warren -- the CFPB is one of the most powerful, and most unaccountable, agencies in the DC Swamp.

And now, the CFPB is at the heart of a Supreme Court case challenging its unaccountable authority:

The CFPB is even less accountable to the democratically elected branches because, unlike every independent agency created in the 20th century, all of which are headed by multi‐member commissions, the CFPB is headed by a single director, removable only for cause. The CFPB director has near‐unilateral authority to enforce 19 federal laws, without answering to anyone. This is a problem.

Hopefully, it’s a problem the Court (and its conservative majority) will solve in favor of constitutional accountability.