The Impact of the Supreme Court on Banking Deregulation

Loading...
Thumbnail Image

Date

2018-05

Journal Title

Journal ISSN

Volume Title

Publisher

The Ohio State University

Research Projects

Organizational Units

Journal Issue

Abstract

In my thesis, I assess whether the Supreme Court can impact the actions and policies of regulatory agencies. Specifically, I review the impact that the Burger Court, the Court under Chief Justice Warren Burger, had on regulatory agencies as they deregulated banking policies. I provide three case studies dealing with different deregulatory banking trends that occurred during the Burger Court: the raising of interest rate caps on bank loans, the geographic expansion of banking, and the repeal of Glass-Steagall. For each case, I conduct an in-depth analysis on a survey of Burger Court decisions dealing with the deregulatory trend. Following, I trace the impact of these cases through subsequent agency actions. Through each case study, I find that the Supreme Court provided agencies with deregulatory goals with "regulatory tools" that allowed them to deregulate the banking industry. Similarly, the Supreme Court provided agencies with pro-regulatory goals with "regulatory roadblocks" that hindered their ability to maintain strict regulations over banks. Over time, this allowed the Burger Court to drive banking regulation towards deregulation.

Description

Keywords

Supreme Court, Banking Regulation, Banking, Regulation, Agencies

Citation