Federalist Society Annual Faculty Conference Panel: Independent Agencies and Financial Regulation

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Session Type: Other Organization Events

Session Capacity: N/A

Location: Westin Washington DC Downtown

Room: River Birch Ballroom

Floor: Meeting Room Level

The constitutionality of independent agencies has long been a matter of controversy in American law. In the Supreme Court’s recent decisions, the view that regulatory power is executive power is ascendant. Has the legal and political settlement that financial regulatory agencies need to be outside of political control become unstable? Or are long-recognized risks of what happens when financial agencies are not independent, particularly the central bank, sufficient to warrant a different approach where they are concerned? Should we treat the Fed—the central bank—differently? Does the Constitution allow financial exceptionalism?