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Justice Department Raises Constitutional Questions Regarding NARAB II

In a letter from Principal Deputy Assistant Attorney General Keith B. Nelson to Senate Majority Leader Harry Reid, D-Nev., and Vice President Dick Cheney,...
October 21, 2008

The U.S. Justice Department raised constitutional issues about the National Association of Registered Agents and Brokers Act (NARAB II) (H.R.5611).

In a letter from Principal Deputy Assistant Attorney General Keith B. Nelson to Senate Majority Leader Harry Reid, D-Nev., and Vice President Dick Cheney, who also serves as Senate president, the Justice Department says provisions of the bill, H.R. 5611, appear to violate the Appointments Clause and Separation of Powers doctrine of the U.S. Constitution.

H.R. 5611 was passed with little debate in the House in September. It has not yet been introduced in the Senate.

Justice Department Thinks NARAB Bill Is Unconstitutional (BestWire 10/13/08)

DOJ Letter to Vice President Cheney, Sen. Reid (PDF file)

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