[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

Over 300 UK Foreign Office staff told to consider resigning if they disagree with government's Gaza policy

Jimmy Dore: Here’s How Israel’s Massacres At Aid Sites Work!

Iran successfully tests missile with 2-ton warhead

Liberal Teachers Union Presidents Rally Behind LA Rioters

Ilhan Omars Daughter Applauds Anti-ICE Riots, Urges Death to Colonial Empire: U.S. and Israel One Oppressor

California Leaders Want United Nations Blue Helmets to Expel Federal Forces from the State

Tulsi Gabbard Warns of “Nuclear Holocaust” in Chilling 3-Minute Plea

LBMA Silver Short Position Now 2nd Largest In History

Chumbawamba - Tubthumping

Something BIG is happening right now in the Middle East, Israel ready to attack Iran

AMERICA ON FIRE: Riots & Chaos as Trump Quadruples ICE Raids!

THE BANKRUPTCY OF THE UNITED STATES (Emergency Banking Act)

In France, young women are starting to buy pet pigs to avoid being harassed by Muslim men

Elderly Veteran kills 3 Home Invaders

Number One Longevity Food

Inflation Highest In Democrat States, Lowest In Republican Deep South

TikToker admits to being paid $150 a day to protest Trump’s deportation policies in LA

A GREAT update on the Trump fraud case ($454.2 million judgment) at the appellate court.

Mexican Senate President Revives Territorial Claims Amid Los Angeles Civil Unrest

Rooftop Korean' issues chilling threat about LA's future 30 years after Rodney King riots

Bystanders jump in front of ICE vehicles with arrested migrants inside

Israeli companies struggling to find customers amid Gaza genocide:

Farmers are being pressured to sell their land to this. Not good!

Palantir EXPOSED: The New Deep State

Military Overview: Ukrainian Fronts Crumble Under Multi-Axis Assault

ICE prepares full assault on five Democrat cities as LA goes into lockdown amid immigration riots

Invisible Missile Triggers MILITARY PANIC! (This is the Russian Zircon)

Mass arrests as defiant immigration protesters ignore lockdown orders in LA

Visit California: It's America's Future

FBI Director Kash Patel sues MSNBC columnist Frank Figliuzzi


Dead Constitution
See other Dead Constitution Articles

Title: The Supreme Court is about to rule on America’s most powerful, unaccountable federal agency
Source: [None]
URL Source: https://nypost.com/2023/09/28/the-s ... -unaccountable-federal-agency/
Published: Sep 29, 2023
Author: Thomas M. Boyd
Post Date: 2023-09-29 10:38:32 by Ada
Keywords: None
Views: 402
Comments: 1

The Supreme Court will hear oral arguments Tuesday in a case that might invalidate the most powerful federal administrative agency ever created.

The Supreme Court will hear oral arguments Tuesday in a case that might invalidate the most powerful federal administrative agency ever created.

Consumer Financial Protection Bureau v. Community Financial Services Association of America is an appeal of the Fifth Circuit’s unanimous holding that the CFPB’s use of the Federal Reserve System to fund its operations violates the Constitution’s separation of powers.

That opinion declared that the agency’s “perpetual insulation from Congress’ appropriation power, including the express exemption from congressional review of its funding, renders” it unaccountable “to Congress and, ultimately, to the people.”

When it was enacted as part of the 2010 Dodd-Frank Act, the bureau assumed the administration of 18 existing federal statutes.

It was given unprecedented regulatory enforcement powers, including the authority to conduct investigations, initiate administrative proceedings, and litigate civil actions in its own name, potentially resulting in civil penalties as high as $1 million for each day a violation occurs.

Its director, appointed by the president, can only be removed for cause, and the Federal Reserve must provide funding that the director deems “reasonably necessary to carry out” the bureau’s responsibilities — up to 12% of the Fed’s operating expenses.

SEE ALSO People rally outside the Supreme Court over President Trump's decision to end the Deferred Action for Childhood Arrivals program (DACA), at the Supreme Court in Washington, Nov. 12, 2019. Federal judge again declares that DACA is illegal with issue likely to be decided by Supreme Court The unprecedented breadth of the CFPB’s powers has surrounded the agency with controversy ever since.

It’s taken more than 300 actions against American companies since it opened — many of which have harmed American consumers.

It’s made small short-term loans extremely difficult to get.

It’s trying to ban arbitration agreements, even though the Treasury Department found a previous, more limited CFPB attempt to do so would “impose extraordinary costs — generating and transferring $330 million to plaintiffs’ lawyers.”

And it has unilaterally decided to extend the Equal Credit Opportunity Act’s anti-discrimination provisions to companies that don’t even extend credit.

In 2020, Chief Justice John Roberts, writing for a 5-4 majority in Seila Law v. CFPB, held that the director’s insulated tenure was unconstitutional and imposed instead an “at will” standard, meaning a president can fire the agency’s chief.

Though he severed the tenure issue from the funding mechanism then (probably because there is no readily available substitute), Roberts noted the agency “acts like a mini legislature, prosecutor, and court, responsible for creating substantive rules for a wide swath of industries” and “levying knee-buckling penalties against private citizens,” with “no basis in history and no place in our constitutional structure.”

Two justices, Clarence Thomas and Neil Gorsuch, opposed the court’s severability decision, writing that “independent agencies pose a significant threat to individual liberty and to the constitutional system of separation of powers and checks and balances.”

Keep up with today's most important news Stay up on the very latest with the Evening Update.

Enter your email address By clicking above you agree to the Terms of Use and Privacy Policy.

And Amy Coney Barrett joined the court after that decision.

So the Supremes may well hand down an even tougher opinion in next week’s case.

The court agreed to hear the CFPB’s appeal in February, but in March, the Second Circuit issued a unanimous three-judge opinion of its own, upholding the bureau’s funding mechanism.

The panel felt the Constitution’s requirement that “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law” had been satisfied simply by Congress’ decision to enact the CFPB’s funding mechanism as part of Dodd-Frank.

Notwithstanding that opinion, the precedent set by bestowing such enormous enforcement authority on an independent agency funded outside the appropriations process deserves reversal.

It’s probably no accident that oral arguments are taking place so early.

The court customarily takes its vote on the Wednesday or Friday following oral argument, Oct. 4 or 6 in this instance.

85 What do you think? Post a comment. If that happens, a final opinion could be issued before the end of the calendar year, and if the court throws out the funding mechanism as unconstitutional, it could also choose to delay the imposition of its ruling and give Congress the whole of 2024 to craft an alternative.

Something must be done: The CFPB has more power than any agency in US history, and its potential to abuse this authority is enormous.

Thomas M. Boyd is a former assistant attorney general, appointed by President Ronald Reagan.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Ada, 4um (#0)

Consumer Financial Protection Bureau

Hmmm, I guessed the IRS.

“The most terrifying force of death comes from the hands of Men who wanted to be left Alone.
TRUE TERROR will arrive at these people’s door, and they will cry, scream, and beg for mercy…
but it will fall upon the deaf ears of the Men who just wanted to be left alone.”

Esso  posted on  2023-09-29   10:47:28 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]