Tag Archives: Admin Law

Would Trump’s proposed moratorium on Dodd-Frank regulations be unconstitutional?

In his recent speech at the Detroit Economic Club on August 8th, Republican presidential nominee Donald Trump provided some detail as to what his administration’s economic plan would entail. In addition to tax cuts for economic elites (i.e., his proposal to abolish the estate tax, which only matters for individuals with assets of roughly $5.5 million and couples with assets over $10 million), what caught my eye was his proposed moratorium on Dodd-Frank Act regulations. Crucially, I doubt the constitutionality of such a move across the board, but it really would boil down to the specific underlying statutory language used as the basis for a potential regulation. Additionally, his influence over relevant agency officers would be limited because the most important agencies under Dodd-Frank are independent agencies.

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