Federalist Society Prompts Debate About Constitutionality of Dodd-Frank Financial Services Reform

WASHINGTON, Nov. 17, 2010 /PRNewswire/ -- In July 2010, Congress passed the Dodd-Frank Wall Street Reform & Consumer Protection Act.  Some are beginning to question whether key portions of the Act are unconstitutional, raising concerns relating to the doctrine of separation of powers, the Appointments Clause, the non-delegation doctrine, vagueness, and due process. To foster further debate about the Act, The Federalist Society has just published a paper by Hon. C. Boyden Gray and John Shu entitled "The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?" The article considers these constitutional issues and explores the legality of the Act's broad scope and the discretion given to various government agencies.

The Federalist Society is releasing the paper in connection with a panel it is hosting on "The Constitutionality of the Dodd-Frank Financial Services Reform Act" on Friday, November 19, from 12-2 PM at the Mayflower Hotel in Washington, D.C. Participants on the panel will be Hon. C. Boyden Gray, Gray & Schmitz LLP; Prof. Ronald M. Levin, Washington University in St. Louis School of Law; Hon. Peter J. Wallison, American Enterprise Institute; and Prof. Arthur E. Wilmarth, Jr., George Washington University Law School. Hon. Carlos T. Bea, Ninth Circuit Court of Appeals, will moderate.

Founded in 1982, the Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians dedicated to reforming the current legal order.  We are committed to the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.  The Society seeks to promote awareness of these principles and to further their application through its activities. www.fed-soc.org

SOURCE The Federalist Society