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Constitutional Law Keyed to Choper
Collins v. Yellen
Citation:
141 S. Ct. 1761 (2020)Facts
In 2008, during the housing crisis, Congress established the Federal Housing Finance Agency (FHFA) to regulate Fannie Mae and Freddie Mac, two government-sponsored enterprises that play a critical role in the housing market. The FHFA was structured with a single Director who could only be removed by the President “for cause.” Shortly after its creation, the FHFA placed Fannie Mae and Freddie Mac into conservatorship and negotiated agreements with the Treasury Department regarding financial support. In 2012, the FHFA and Treasury amended their agreements (the “Third Amendment”) to require Fannie Mae and Freddie Mac to transfer nearly all their profits to the Treasury. Shareholders of these enterprises sued, arguing that the FHFA’s structure was unconstitutional because the removal restriction improperly limited presidential control, and that the Third Amendment should be invalidated.
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