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Thread: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Eighty Deuce View Post
    Which of those are funded by the Federal Reserve ? Up to 12% of the budget of the Federal Reserve ?
    The issue of funding is separate from the issue of having a board. If you want to change the funding of this agency to direct appropriations, say so.
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    Re: Obama defies Congress with ‘recess’ picks

    Isn't it ironic we are discussing BO's unconstuitutional move to appoint an illegal agency head to an agency this is also unconstitutional.

    As Dodd-Frank Exposed has noted before, CFPB might be the least accountable creation of Congress in history. To review, briefly:
    •CFPB will be run by a director not a board or a commission as are agencies with similar responsibilities and authority.
    •The eventual director will be confirmed for a five-year term placing him or her effectively outside the presidential election cycle.
    •The director does not serve “at the pleasure of the President” as do all other political appointees but may not be removed from office by the President only for cause.
    •CFPB’s budget is not appropriated by Congress and therefore the relevant committees have no budget oversight of the agency.
    •It’s budget is set and controlled exclusively by the director to be 10 percent of the of “the combined earnings of the Federal Reserve System.”
    •The federal courts are strictly forbidden to review CFPB’s rules.
    •The only body that can overturn the agency’s rules is the Financial Stability Oversight Council of whose 10 members two-thirds must vote to do so. By the way, CFPB’s director sits on the council.
    When President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act on July 21, he also created the Consumer Financial Protection Bureau (CFPB), and along with it, perhaps the most powerful agency head in the history of the American bureaucracy.

    According to one financial expert, who wanted to remain unnamed, the amount of power the director of the CFPB would assume is “so significant it may be unconstitutional.”

    Appointed by the president and approved by the Senate for five-year terms, the director of the CFPB will have almost unlimited authority to regulate consumer issues and call the shots for banks and other lending firms.

    To top it off, the director will only be supervised by two boards- the Consumer Financial Protection Oversight Board and the Consumer Advisory Board. Both will comprise of members appointed by none other than the director.

    “I am not familiar with an institution that gives so much power to one person,” Todd Zywicki, law professor at George Mason University, told The Daily Caller. “The idea that this position is unconstitutional is exactly correct.”
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by misterman View Post
    The issue of funding is separate from the issue of having a board. If you want to change the funding of this agency to direct appropriations, say so.
    It was in the original note from McConnell to Obama. It has been cited already. You are late to the discussion.

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Eighty Deuce View Post
    It was in the original note from McConnell to Obama. It has been cited already. You are late to the discussion.
    I know. I'm asking you why you think a board = oversight. Oversight means congressional control. A board doesn't accomplish that, though the funding issue might.
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by misterman View Post
    The issue of funding is separate from the issue of having a board. If you want to change the funding of this agency to direct appropriations, say so.
    Those are only two items on a list of concerns that the GOP cited to the WH. This issue really isn't the simplistic black/white event some on the Left are trying to portray. (and some on the Right for that matter)

    Lots of politics on both sides of the aisle. This new agency will have a notable amount of power unchecked by Congress. One party is promoting it, one party is trying to throttle it back. Basic Washington sausage making.....


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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Cole View Post
    Those are only two items on a list of concerns that the GOP cited to the WH. This issue really isn't the simplistic black/white event some on the Left are trying to portray. (and some on the Right for that matter)

    Lots of politics on both sides of the aisle. This new agency will have a notable amount of power unchecked by Congress. One party is promoting it, one party is trying to throttle it back. Basic Washington sausage making.....
    But the sausage is already made, and now the Republicans are trying to ungrind it. It created the agency already, and now it wants big changes?
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by misterman View Post
    But the sausage is already made, and now the Republicans are trying to ungrind it. It created the agency already, and now it wants big changes?
    May turn out to be a great agency. Dunno. But the Republicans were just using the same accepted Senatorial procedure that both sides had agreed to and Democrats had used in the past. You really need to start by accepting that fact.

    Obama is the one who made the unprecedented move. Personal opinion is that it was a politically brilliant maneuver on Obama's part (although i do suspect his action has a good chance of getting overturned in court). He (Obama) has the bully pulpit and is decrying himself the defender/protector of the little people.

    But if you think his actions were not driven/calculated as a 2012 campaign move i think you need to lower the partisan blinders. This is all about politics and little about altruism.....


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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by misterman View Post
    I know. I'm asking you why you think a board = oversight. Oversight means congressional control. A board doesn't accomplish that, though the funding issue might.
    Then you are presuming that the added transparency of a Board, which would be expected to be staffed by both parties, is not a component in an oversight mechanism ?

    Do you always snag of these narrow-view items ?

    The GOP made their issues of principle matters to Obama in writing. Obama decided that politics trumped principle. Its all that phoney has at this point.

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by misterman View Post
    But the sausage is already made, and now the Republicans are trying to ungrind it. It created the agency already, and now it wants big changes?
    Sorry, but there are not clear lines in politics, and an election was held since this beast was passed, and the electorate resoundly rejected those that made the beast.

    The GOP not only followed the Reid protocols, but they also followed the exact way this law was written. The law was written so as to give the Senate far more power with its appointment responsibility than it would have with other such appointments. The Dodd-Frank Bill designed this last trip wire before the agency became functional. Obama just usurped the actual legislation, taking from the Senate a power which had been agreed to, voted on, and signed by the President. That you do not like what the senate did with this specific power is not an excuse to break the law.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by Thunder View Post
    Recess appointments are only valid for around 9 months, I believe. Its not like Obama or any other President who uses this power, is totally circumventing the Legislative branch.
    This one for Cordray is for 2 years because of the ending of one session and the beginning of another.

    Bush made 171 recess appointments in his years,including Bolton to the UN. One of the worst,ever.

    Anyone who thinks Obama does not know what he is doing would be wise to remember. He is a Constitutional Lawyer and Teacher.

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