Consumer Financial Protection v. Chance Gordon

Who was exercising the executive power of the United States needed to bring this civil enforcement action? Not Richard Cordray — he was not properly appointed by the President and so was not an Officer of the United States at the time the action was filed. Not the Consumer Financial Protection Bureau — without an Officer of the United States, it was a. mere Congressional creation that could not exercise executive power. In- fact, no one had the executive power, necessary' to prosecute this civil enforcement action ip the district court. And without .the Executive’s -power to “take Care that…