The CFPB and Absence versus Resignation

In the on-going debate over who now heads the Consumer Financial Protection Bureau (CFPB), the focus has been on whether the statute establishing the CFPB (the Dodd-Frank Act) overrides the Vacancy Reform Act (VRA).  (Marty Lederman has a good discussion here).  The debate highlights a broader point about textualism (and, by extension, originalism). Dodd-Frank says that…

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Increasing Executive Power: Progressively Making Congress Irrelevant

  Author’s Note: This article was originally drafted in mid-June, before the debt ceiling debacle even began to unfold.  I have revised parts of the article to reflect events which have occurred in the interim, but I want to point out that the deal Congress just passed with respect to the debt ceiling is yet [...]

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