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Hastings Constitutional Law Quarterly

Authors

Steven Pearse

Abstract

In the midst of the financial crisis of 2008, Congress hastily passed the Bailout legislation. Although good intentions and quick action were necessary to halt the financial chaos, Congress treaded upon constitutionally ambiguous grounds through their delegation of a monumental sum of money to the Executive Branch. With little guidance or oversight in place, the Bailout seemingly defied the United States Constitution and stripped away protections from the American people. This Note explores this constitutional ambiguity through an exploration and comparison of the Great Depression over-delegation cases and an examination of facets of the Bailout legislation itself. These examinations and parallels lend support to a finding that Congress may have delegated too much of its power in violation of the Constitution.

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