Legal Opinion · Concurring in part, dissenting in part

Clearing House Association, LLC v. Cuomo

Court of Appeals for the Second Circuit

Decided December 4, 2007No. Docket 05-5996-cv (L), 05-6001-cv (CON)Published

1Concurring in part, dissenting in partCard Amone, Circuit Judge

By proscribing the enforcement of non-preempted state law against national banks the Office of the Comptroller of the Currency, a bureau within the U.S. Treasury Department, has altered the compact between the state and national governments. That compact crafted by the framers of our Constitution envisioning two independent co-existing sovereigns will be dangerously weakened should this action by the Executive branch stand. A coequal relationship between the two sovereigns was built into the frame of our republican form of government. Changing that status to one more akin to parent-child or…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
  4. Gregory v. AshcroftSupreme Court of the United States · 1991
  5. New York v. United StatesSupreme Court of the United States · 1992

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