Clearing House Association, LLC v. Cuomo
Court of Appeals for the Second Circuit
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
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- United States v. LopezSupreme Court of the United States · 1995
- Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
- Gregory v. AshcroftSupreme Court of the United States · 1991
- New York v. United StatesSupreme Court of the United States · 1992
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