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"We the People" ratified the Constitution to form a national government strong enough to establish justice, provide for the common defense and general welfare, and secure the blessings of liberty. Subsequent amendments expanded the power of the federal government, shifting power away from the states. Yet recently, the Supreme Court has aggressively limited federal protections for women, workers, disabled people and the environment, in a misguided attempt to protect the states. CAC’s Redefining Federalism project advances a vision of federalism that ensures states can act as the laboratories of democracy, while also allowing the federal government to address problems states cannot fully address alone.
In 2008, the nation was plunged into the worst financial crisis since the Great Depression, and in response, lawmakers established the Consumer Financial Protection Bureau. Since the CFPB's creation, opponents of financial regulation have sought to weaken its ability to protect the interests of consumers through both legislation and litigation. This White Paper provides background on the CFPB and then explains why the legal arguments against its constitutionality are all without merit.
Living constitutionalism is largely dead. So, too, is old-style originalism. Instead, there is increasing convergence in the legal academy around what might be called “new textualism.” The core principle of new textualism is that constitutional interpretation must start with a determination, based on evidence from the text, structure, and enactment history, of what the language in the Constitution actually means.