Honestly, there’s a real argument that what TAF is doing could be unconstitutional under Article I. And it’s not just TAF—this kind of thing is happening more and more, where private groups are basically acting like regulators, and the public is getting stuck with the consequences. That’s classic regulatory capture.
Article I says only Congress can make laws. Yes, Congress can delegate some of that power to federal agencies, but they’re supposed to give clear guidance—what the courts call an “intelligible principle” (from J.W. Hampton Jr. & Co. v. United States). The problem is, TAF isn’t a government agency. It’s a private organization with no real public oversight, and yet it sets standards (like USPAP) that appraisers across the country are forced to follow.
That’s a huge deal. These aren’t just “suggestions”—they’re treated like law. And the people making these decisions? Not elected, not accountable, and in some cases, they may have conflicts of interest. So yeah, that could very well cross the constitutional line. This is exactly the kind of unchecked power the founders were trying to prevent.
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