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On Hunting Elephants in Mouseholes

Posted by on Tuesday, December 15, 2009 in En Banc, Free Enterprise Fund v. PCAOB, Roundtables.

This response argues against using the vehicle of the relatively minor PCAOB case to decide large issues about the constitutionality of the independent agencies. It reviews constitutional provisions and history supporting independent functions. It concludes that the Court can invoke the avoidance canon to read the statute to allow appropriate levels of presidential supervision over the PCAOB.