Separation of Powers

“cfpb 36794” by tedeytan is licensed under CC BY-SA 2.0

During the Reagan Administration, C. Boyden Gray played a key role in establishing checks on executive agencies that continue to this day. Boyden Gray & Associates continues that project by combating the expansion of administrative power in so-called independent agencies and other Executive Branch agencies and by defending Congress’s lawmaking prerogative and its power of the purse against excessive delegation.


Independent Agencies

The firm has challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB) since its inception because the Bureau’s single director is unremovable by the President and unconstrained by Congress’s power of the purse.

C. Boyden Gray has defended the President’s constitutional power to subject so-called independent agencies to cost-benefit analysis and centralized White House review.


The firm has been involved in several important cases exploring the constitutional limits on Congress’s delegation of legislative power to administrative agencies and the courts’ deference to agencies’ statutory and regulatory interpretations.




The firm has defended Congress’s power of the purse by testifying in Congress and by challenging settlements that empower agencies to direct taxpayer dollars to expenditures that Congress has declined to fund.