Posted on 06/29/2020 9:12:56 AM PDT by bitt
The Supreme Court ruled Monday that the structure of the Consumer Financial Protection Bureau is unconstitutional, determining that its head must be removable at the will of the president.
The decision reduces the power of the agency, the brainchild of Elizabeth Warren, and is a victory for business groups. The court stopped short, though, of eliminating the bureau, as sought by conservatives.
"The agency may therefore continue to operate, but its Director, in light of our decision, must be removable by the President at will," Chief Justice John Roberts wrote for the 5-4 majority.
The decision agreed with a California-based law firms argument that the bureaus leadership structure, featuring a sole director who was removable only for cause, violated the separation of powers rule under the U.S. Constitution.
he ruling overturns a federal district court ruling and appellate court decision that had rejected the law firms arguments. Cases challenging the constitutionality of the agency have been weaving their way through the lower courts in the past few years.
In 2016, Justice Brett Kavanaugh, then a judge on the U.S. Court of Appeals for the District of Columbia Circuit, said in a ruling in a similar case that the director of the CFPB was, except for the president, the single most powerful official in the entire U.S. Government, at least when measured in terms of unilateral power.
(Excerpt) Read more at washingtonexaminer.com ...
so if soemoen created the bureau another can’t do away with it?
Roberts needs to leave this in place so that there is a clear path for the next President in fact AOC to execute a political purge of the Administration.
“Has the Louisiana abortion decision come out yet? Im dead sure Roberts will screw us there.”
And.....he did.
The real question here is how four justices determined that Congress has the power to create an executive branch entity that does not fall under the President’s authority.
He did
The CFPB's status as an independent agency has been challenged in court ... Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President.Therein lies the problem: this agency is not in the Executive Department. This agency was designed to be above any sort of regulation - the most powerful entity in the USGvt aside from the president but not answerable to the president... a runaway Marxist anti-capitalist agency.
Shamelessly, the SCOTUS refused to eliminate this unconstitutional agency. We are losing the SCOTUS to those attempting to destroy our Republic.
This organization (which is Marxist in nature) is the egg in from the destruction of the US Constitution is incubated. It should be destroyed.
You are dead right. He ruled for the butchers.
“The Supreme Court ruled Monday that the structure of the Consumer Financial Protection Bureau is unconstitutional”
Yet, they. stupidly, and in grave error, did not rule that therefor the agency itself is unconstitutional.
Why is the ruling worse.
A. Neither the Congress nor the President make the budget or allocate monies to run the agency. It draws what it wants or needs from the federal reserve.
B. Because A. is true, the director themselves decide the size of the staff, its organization and even what is the actual mission of the agency - it is on autopilot, led only by the direction of the director.
C. Because A. is true and Congress made no limit on any “Consumer Financial” concerns of the agency, it immediately and since decided there is no limit to its mandate whatsoever. One of its earliest acts was a demand it issued to any all institutions or enterprises that produce, use, or handle financial transactions of any kind whatsoever, the CFPB must receive from all such institutions and enterprises copies of all transactions generated by or passed through their organizations - a total database, bigger than the IRS or the Treasury, of EVERYTHING financial in the U.S. economy. Why did they demand that? They operate on the theory that everyone is guilty until proven innocent, and that database is used for the biggest financial fishing expeditions imaginable.
D. No back up and realize the agency may be no longer “independent” but it is still a creature of its directors choosing and now the director is a working at the president’s behest and still without review or oversight by Congress.
The CFPB was bad enough, and now it is, in my view, worse, and subject to more unaccountable political bias than before.
The CFPB should have been killed by SCOTUS. Giving Presidents the ability to fire the director at will did not go anywhere near far enough.
ELIMINATE CFPB. Another Bureaucratic State agency, created by DC Divide & Control divisionists, that we can live without.
5. As the novelty and bustle of inaugurating the government will for some timekeep the public mind in a heedless and unsettled state, let the press duringthis period be busy in propagating the doctrines of monarchy and aristocracy.For this purpose it will be particular useful to confound a mobbish democracywith a representative republic, that by exhibiting all the turbulent examplesand enormities of the former, an odium may be thrown on the character of thelatter. Review all the civil contests, convulsions, factions, broils,squabbles, bickering, black eyes, and bloody noses of ancient, middle, andmodern ages; caricature them into the most frightful forms and colors that canbe imagined, and unfold one scene of horrible tragedy after another till thepeople be made, if possible, to tremble at their own shadows. Let thediscourses on Davila then contrast with these pictures of terror the quiethereditary succession, the reverence claimed by birth and nobility, and thefascinating influence of stars, and ribands, and garters, cautiouslysuppressing all the bloody tragedies and unceasing oppressions which form thehistory of this species of government. No pains should be spared in this partof the undertaking, for the greatest will be wanted, it being extremelydifficult, especially when a people have been taught to reason and feel theirrights, to convince them that a king, who is always an enemy to the people, anda nobility, who are perhaps still more so, will take better care of the peoplethan the people will take of themselves.
6. But the grand nostrum will be a public debt...
EXACTLY! #27 BUMP!
FIRE THEM TODAY!!!
Blackmailed when it really counts.
Hey SunkenCiv. On this one, I think the Supreme Court did the right thing — put the agency under the proper governance of the President. That will certain put the necessary control over this renegade agency.
I’m laughing right now at Elizabeth Warren, who I’m sure is piping mad that her little CHAZ agency was taken away from her. Ha!
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