The Consumer Financial Protection Bureau illustrates how progressives dream of an administrative state largely free from political accountability.
that its funds “shall not be construed to be government funds or appropriated monies.” And indeed, the 2010 Congress was eager to surrender to the executive branch the power of the purse regarding the CFPB in perpetuity.Now, however, the CFPB, facing a constitutional challenge, says Congress effectively appropriated the money the bureau requisitions because its power to do so ultimately derives from Congress’s 2010 statute. But as the U.S.
, by the bureau’s logic, “no federal statute could ever violate the Appropriations Clause” because Congress enacts all statutes.roundly criticize the nation’s Founding , was a thorough foe of the Constitution’s separation of powers. He provided the template for today’s progressivism: Ever more power should be concentrated in Washington, and ever more of it should be concentrated in executive agencies staffed by supposedly disinterested experts insulated from supervision by a marginalized Congress.
If properly decided against the CFPB, this case will demonstrate that when the court energetically uses its power to enforce the separation of powers, it often enlarges not its power but that of Congress. By invalidating the CFPB’s funding, the court can say: Congress lacks the power to surrender its power of the purse.
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