Independent Agencies and Financial Regulation

The constitutionality of independent agencies has long been a matter of controversy within the conservative legal movement. At the same time, 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? There are long-recognized risks when financial agencies are not independent, particularly the central bank. Should we treat the Fed—the central bank—differently? Does the Constitution allow financial exceptionalism?

Featuring:

- Mr. Aaron Klein, Miriam K. Carliner Chair, Economic Studies and Senior Fellow, Center on Regulation and Markets, The Brookings Institution
- Prof. Jeremy Kress, Assistant Professor of Business Law, University of Michigan, Stephen M. Ross School of Business
- Prof. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University and Co-Executive Director, C. Boyden Gray Center for the Study of the Administrative State, NBC News Supreme Court contributor
- Prof. Ilan Wurman, Associate Professor, Arizona State University Sandra Day O'Connor College of Law
- Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School George Mason University
- Moderator: Prof. Christina Parajon Skinner, Assistant Professor of Legal Studies & Business Ethics, University of Pennsylvania, The Wharton School

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.