Below you will find pages that utilize the taxonomy term “Banking”
Emergency Banking Act
Emergency Banking Act (1933)
1) Link to the Text of the Act
Read the statute (12 U.S.C. § 95)
2) Why It Was Done
Passed during the Great Depression after a banking panic, the Act gave President Franklin D. Roosevelt emergency powers to stabilize the financial system, reopen banks, and restrict gold transactions.
3) Pre-existing Law or Constitutional Rights
Prior banking laws had no mechanism for nationwide bank closures or emergency authority. The Act temporarily curtailed private property rights in gold to protect the financial system.
Glass–Steagall Act (Banking Act of 1933)
Glass–Steagall Act (Banking Act of 1933)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 24, 78, 377, 378)
2) Why It Was Done
Enacted during the Great Depression, the Act aimed to restore trust in the financial system by separating commercial and investment banking and creating the Federal Deposit Insurance Corporation (FDIC).
3) Pre-existing Law or Constitutional Rights
Before this Act, banks could engage in both deposit-taking and speculative investment, contributing to the 1929 stock market crash. The Act imposed structural restrictions on banks but did not directly override constitutional rights.
Electronic Fund Transfer Act (EFTA)
Electronic Fund Transfer Act (EFTA, 1978)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 1693 et seq.)
2) Why It Was Done
The EFTA was enacted to protect consumers in electronic banking transactions, ensuring fair treatment, clear disclosures, and protection against unauthorized transfers.
3) Pre-existing Law or Constitutional Rights
Before EFTA, consumer protections for electronic payments (ATM, debit cards, direct deposit) were minimal. Traditional banking laws didn’t account for new technologies.
Depository Institutions Deregulation and Monetary Control Act (DIDMCA)
Depository Institutions Deregulation and Monetary Control Act (DIDMCA, 1980)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 226 note, 3501 et seq.)
2) Why It Was Done
Passed amid high inflation and interest rate volatility, the Act sought to modernize banking, improve monetary control, and promote competition. It phased out interest rate caps on deposits, expanded the Federal Reserve’s authority, and gave all banks access to Fed services.
Garn–St Germain Depository Institutions Act
Garn–St Germain Depository Institutions Act (1982)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 1464, 1701j–3, 3801 et seq.)
2) Why It Was Done
Enacted to address the crisis in the savings and loan (S&L) industry, the Act further deregulated depository institutions, expanded lending powers, and introduced new mortgage options. It was intended to give S&Ls more flexibility and prevent widespread failures.
3) Pre-existing Law or Constitutional Rights
The Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) had already begun phasing out deposit interest ceilings. Garn–St Germain went further, granting S&Ls broader powers in lending and commercial activity. No constitutional rights were directly altered.
Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA)
Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA, 1989)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 1811 et seq.)
2) Why It Was Done
Passed in response to the Savings and Loan crisis, FIRREA overhauled regulation of thrift institutions, abolished the Federal Home Loan Bank Board, created new oversight agencies, and authorized taxpayer funds to resolve failing S&Ls.
3) Pre-existing Law or Constitutional Rights
Previous deregulation under DIDMCA (1980) and Garn–St Germain (1982) had allowed excessive risk-taking, leading to collapse. FIRREA imposed stricter regulation and accountability, but did not alter constitutional rights.
Federal Deposit Insurance Corporation Improvement Act (FDICIA)
Federal Deposit Insurance Corporation Improvement Act (FDICIA, 1991)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 1811 et seq.)
2) Why It Was Done
Passed after continuing bank and thrift failures in the late 1980s and early 1990s, FDICIA strengthened the FDIC’s authority, imposed stricter capital requirements, and introduced a system of prompt corrective action to intervene in troubled banks before collapse.
3) Pre-existing Law or Constitutional Rights
FIRREA (1989) had addressed the S&L crisis, but weaknesses remained in deposit insurance and bank supervision. FDICIA expanded federal authority over banks but did not directly impact constitutional rights.
Gramm–Leach–Bliley Act (GLBA)
Gramm–Leach–Bliley Act (GLBA, 1999)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 6801 et seq.)
2) Why It Was Done
GLBA was enacted to modernize financial services by repealing parts of the Glass–Steagall Act (1933), allowing banks, securities firms, and insurance companies to affiliate. It also added consumer financial privacy protections.
3) Pre-existing Law or Constitutional Rights
The Glass–Steagall Act had separated commercial and investment banking since the Great Depression. GLBA dismantled that separation and introduced new privacy obligations.
Emergency Economic Stabilization Act (EESA, TARP)
Emergency Economic Stabilization Act (EESA, 2008)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 5201–5261)
2) Why It Was Done
Passed during the 2008 financial crisis, the Act authorized the U.S. Treasury to purchase or insure up to $700 billion of troubled assets through the Troubled Asset Relief Program (TARP) to stabilize banks and credit markets.
3) Pre-existing Law or Constitutional Rights
No prior law gave the Treasury such sweeping authority to buy private financial assets. Critics argued it pushed the limits of the Commerce Clause and blurred the line between public and private finance, but it did not directly override constitutional rights.
Economic Growth, Regulatory Relief, and Consumer Protection Act
Economic Growth, Regulatory Relief, and Consumer Protection Act (2018)
1) Link to the Text of the Act
Read the statute (12 U.S.C. §§ 5365 et seq.)
2) Why It Was Done
Passed to amend and roll back parts of the Dodd–Frank Act (2010), the Act was intended to ease regulatory burdens on small and mid-sized banks while maintaining protections for consumers and systemic risk oversight.
3) Pre-existing Law or Constitutional Rights
Dodd–Frank imposed strict oversight on nearly all banks with assets over $50 billion. This Act raised that threshold and loosened some compliance rules, but did not alter constitutional rights.