Debating Independent Agencies

This term, the U.S. Supreme Court will consider whether the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional. The CFPB is an independent agency led by a single director, whom the President can only fire for cause, rather than at will. Independent agencies are insulated in some way from direct presidential control. They are thought to be distinct from executive agencies and have been said to “require absolute freedom from Executive interference.” Although independent agencies are part of the executive branch of government, they are not represented in the cabinet, and are not part of the Executive Office of the President. The U.S. House of Representatives Committee on Financial Services once described the CFPB has having a “radical structure” and criticized what it considered the CFPB director’s lack of accountability to the executive branch and Congress. In defense of the CFPB, attorneys general from 23 states and the District of Columbia filed an amicus brief arguing that Congress’s grant of removal only for cause is constitutional. The challenge to the CFPB’s structure is indeed a high-profile challenge to independent agencies, as administrative law scholars often debate issues related to agency independence. Establishing Independent Agencies Conceptualizing Independent Agencies The President and Independent Agencies Executive Agencies and Independent Agencies Improving Independent Agencie