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3 - Rule-of-Law Objections to the Lender of Last Resort

from I - The Role of Constitutions in Dealing with Crises

Published online by Cambridge University Press:  08 June 2019

Tom Ginsburg
Affiliation:
University of Chicago
Mark D. Rosen
Affiliation:
Illinois Institute of Technology
Georg Vanberg
Affiliation:
Duke University, North Carolina
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Summary

Did the government rescue of the financial system in 2007 and 2008 violate the US constitution or important political norms? A small number of commentators argue that it did. 1 They argue that the government broke the law in several instances; and that, even when it acted with statutory authority, the authority that it relied on was conferred on it by Congress in violation of the constitution. While legal scholars have debated whether certain crisis-response actions violated the law, 2 the bigger argument – that the entire crisis-response system violated fundamental constitutional norms – has received little attention.

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Publisher: Cambridge University Press
Print publication year: 2019

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