American consumers have become accustomed to obtaining instant credit, which is possible only because credit bureau allow quick verification of the creditworthiness of borrowers. In order to work, however, this process requires credit bureau to have access to sensitive financial information about individuals, compiled largely without their consent. In 1996, Congress amended the Fair Credit Reporting Act (FCRA) to allow credit bureaus to continue these practices, superseding state laws that might have obstructed them. With the expiration of these amendments in 2004, many states are suggesting that new amendments to the FCRA allow them to impose their own restrictions on the use and content of credit reports. regulating credit bureau. How this controversy is resolved will have an important bearing on the operation of credit markets and financial privacy in the future. The authors make the case for continued federal preemption of the states in this area. Without it, the authors argue, the consumer credit system that has developed in the US will be put in jeopardy.

The 2008 financial crisis--like the Great Depression--was a world-historical event. What caused it will be debated for years, if not generations. The conventional narrative is that the financial crisis was caused by Wall Street greed and insufficient regulation of the financial system. That narrative produced the Dodd-Frank Act, the most comprehensive financial-system regulation since the New Deal. There is evidence, however, that the Dodd-Frank Act has slowed the recovery from the recession. If insufficient regulation caused the financial crisis, then the Dodd-Frank Act will never be modified or repealed; proponents will argue that doing so will cause another crisis. A competing narrative about what caused the financial crisis has received little attention. This view, which is accepted by almost all Republicans in Congress and most conservatives, contends that the crisis was caused by government housing policies. This book extensively documents this view. For example, it shows that in June 2008, before the crisis, 58 percent of all US mortgages were subprime or other low-quality mortgages. Of these, 76 percent were on the books of government agencies such as Fannie Mae and Freddie Mac. When these mortgages defaulted in 2007 and 2008, they drove down housing prices and weakened banks and other mortgage holders, causing the crisis. After this book is published, no one will be able to claim that the financial crisis was caused by insufficient regulation, or defend Dodd-Frank, without coming to terms with the data this book contains.

In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.

In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.

This timely study focuses on how the government-constructed narratives surrounding the collapse of Fannie Mae and Freddie Mac and the 2008 financial crisis shaped the policymaking that led to the Dodd-Frank Act. The book shows that every major provision of the act can be traced directly to that narrative, which ignored the government’s own role and focused entirely on the errors of the private sector. In the next Congress, whether or not the Republicans are in control of the House and Senate, there will be a concerted effort to make changes in—or even repeal—the Dodd-Frank Act. The essays in this book, originally published by AEI as Financial Services Outlooks, and the accompanying commentary provide a thorough backgrounder for anyone interested in financial policy.

Peter J. Wallison is the only member of the Financial Crisis Inquiry Commission (FCIC) to release a formal dissent to the FCIC’s official report on the causes of the financial crisis. Wallison, codirector of financial policy studies at the American Enterprise Institute, argues that the FCIC’s report fails to address the cause of the deterioration in mortgage underwriting standards that led to the housing bubble widely accepted as the key factor in destabilizing the American economy. Wallison’s Dissent to the Majority Report of the Financial Crisis Inquiry Commission reveals that government-mandated subprime loans, not greedy investors, were the force behind the deterioration in underwriting standards. This dissent is a must-read for anyone seeking to understand the causes of the financial crisis—and to prevent future economic collapse.

Fannie Mae and Freddie Mac have aggressively used their government support to achieve extraordinarily high profitability and domination of the residential mortgage market.