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Obama bypasses Senate, installs new consumer chief
Associated Press ^ | 1-4-12 | BEN FELLER and JIM KUHNHENN

Posted on 01/04/2012 11:07:27 AM PST by Justaham

President Barack Obama says he won't take "no" as an answer from Republicans, so he's going around them to appoint the head of a new consumer protection agency. Obama says Republicans would just keep holding Richard Cordray's nomination hostage—and the president says that's inexcusable and wrong.

He says Cordray must be in place in order for the Consumer Financial Protection Bureau to start helping consumers deal with unscrupulous mortgage companies, dishonest payday lenders, and others.

Obama announced the appointment of Cordray during a stop Wednesday in Ohio, where Cordray once served as attorney general.

Republicans are outraged but Obama says he has an obligation to act when Congress refuses to.

The recess appointment means Cordray stands to serve for at least the next two years.

(Excerpt) Read more at breitbart.com ...


TOPICS: Breaking News; Crime/Corruption; Front Page News
KEYWORDS: absolutedespotism; barneyfrank; bhofascism; biggovernment; cordray; corruption; czar; democrats; doddfrank; elizabethwarren; enemywithin; fascism; fedzilla; gingrich; impeach; king; liberalfascism; longtrainofabuses; lping; nobama2012; obama; scottbrown; shadowwars; socialism; threatmatrix; tyranny; tyrant; usurpations; usurper; warren
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To: dragonblustar

It’s the same stupidity when dealing with crime. The good guys play by the rules, and the crimainals do not. Guess who wins every time.


101 posted on 01/04/2012 12:26:09 PM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: Texas Fossil
The Omnibus bill passed the House, the Senate, and was signed by Obama. Funding bills must originate in the House, but the Senate must approve them or amend them. The differences are worked out in conference committee.

December 23, 2011-- Obama Signs Omnibus Bill Today, Immediately Issues Signing Statement Saying He’s Not Bound By Parts He Doesn’t Like

102 posted on 01/04/2012 12:30:22 PM PST by kabar
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To: kabar

How can he “choose” to not abide by parts he does not like?

There is no Constitutional authority for the President to do that.


103 posted on 01/04/2012 12:32:28 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: Pan_Yans Wife
Denouncing it not enough. McConnel and Boenher must say that they will not accept the appointment as a proper legal act and will treat the position as still vacant, and that Cordray has no legal authority.

-PJ

104 posted on 01/04/2012 12:32:57 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Justaham

He just made 3 appointments to the NLRB. He’s challenging congress right now,no doubt.


105 posted on 01/04/2012 12:38:10 PM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: Justaham

There is no way this action can be allowed to stand. If it does, it basically means precedent has been set that confirmation is not actually needed. This should be thrown out post-haste. I can’t believe he could have been advised that he can get away with this Constitutionally.


106 posted on 01/04/2012 12:39:43 PM PST by jdub (A patriot must always be ready to defend his country against his government.)
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To: Justaham

Since I dont know much about this, is what Obama doing illegal? I guess in Obama’s mind, he knows he will lose the general election so he is going to do everything he can to rip this country apart to shreds so even when he loses, he knows the next guy wont be able to fix the damage he has done


107 posted on 01/04/2012 12:40:57 PM PST by Sarah Barracuda
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To: Texas Fossil

Bush issued similar signing statements. Unless Congress asserts itself as a co-equal member of government, the Executive Branch will walk all over it like a door mat.


108 posted on 01/04/2012 12:42:39 PM PST by kabar
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To: All

Check out Drudge. He running with “Obama Takes Over” in a big red headline.


109 posted on 01/04/2012 12:55:37 PM PST by jersey117 (.)
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To: Justaham

From such acts civil wars errupt.


110 posted on 01/04/2012 12:56:06 PM PST by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: jdub
I can’t believe he could have been advised that he can get away with this Constitutionally.

This is what is being said to him: "It is Constitutional until someone says its not, and attempts to enforce the Constitution. Until then, we can do whatever we please. Signing statement, czars, 'recess' appointments, Fast & Furious, voter fraud, etc. Who is going to stop us. HA! HA! HA! HA! HA!"















Actually, they probably didn't say "HA! HA! HA! HA! HA!"

111 posted on 01/04/2012 12:56:38 PM PST by kosciusko51 (Enough of "Who is John Galt?" Who is Patrick Henry?)
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To: Justaham

Another in a long line of tyrannical offenses by the kenyan crook. The bum needs to go and take his band of criminals with him.


112 posted on 01/04/2012 1:06:30 PM PST by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
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To: Gritty

This reminds me of Hitler’s rise to power. He just took it when the opportunity arrived and the timid opposition caved in and let him do what had decided to do. We are flirting with the same sort of takeover here. “”

My thoughts exactly. Who would ever have thought that he and his rats in congress would hijack our personal healthcare. Now, every bureaucrat and sleazy lawyer in DC will have full access to every detail of our health. Bo is a wrecking machine just like mugabe and Idi Amin.


113 posted on 01/04/2012 1:16:19 PM PST by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
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To: Justaham
It appears that we're witnesses to the FACT that Dems & Repubs are ALL a bunch of spineless plicks who specialize in blowing to the galleries, posturing to the public, while they continue the task of lining their pockets at taxpayer expense.

As old Jimmy Durante used to say... "What a revoltin' development this is" !!!

114 posted on 01/04/2012 1:17:12 PM PST by VideoDoctor
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To: ArmstedFragg

Benign is what he is selling. As you point out, reality would be quite different.


115 posted on 01/04/2012 1:22:08 PM PST by JimSEA
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To: Justaham


Somebody tell me what to do? I'm helpless ...
116 posted on 01/04/2012 1:23:37 PM PST by Scythian
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To: Texas Fossil
He can appoint all he wants, but where will the funds come from?

That was the first question that came to mind for me also. I look at this as one of many ways he will try to achieve the next 'stimulus,' i.e., buying votes. That is all it is about. He doesn't care about 'protecting consumers;' not when he and the missus et al spend 2+ weeks of vacay at a luxury Hawaiian resort while Americans struggle to make ends meet.

117 posted on 01/04/2012 1:25:42 PM PST by La Enchiladita (Newt says amnesty isn't amnesty.)
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To: y6162; All
Power of the purse. No money, no agency.

Usually you would be correct, however, check this little gem:

Because the CFPB is ensconced within the Federal Reserve, its budget is not subject to congressional control. Instead, CFPB funding is set by law at a fixed percentage of the Fed’s operating budget. The CFPB’s status within the Fed also effectively precludes presidential oversight.
In that miserable Dodd-Frank monstrosity, they placed this CFPB under the FED!

Here is an article that the above is from, One Clap for House Effort to Curb New Financial Bureau’s Power, not sure if any of the measures attempted by the House committee ever came to pass.

118 posted on 01/04/2012 1:25:42 PM PST by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: WOBBLY BOB
W Bush (Bolton) and Clinton ( Bill Lee ) both already did this once.

The Senate was in recess during those two appointmentss. The Senate is NOT currently in recess so these are NOT recess appointments and hence un-constitutional.

119 posted on 01/04/2012 1:27:09 PM PST by Drill Thrawl (The patient is too far gone to save.)
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To: jersey117
Thus far...Obama’s consumer protection appointee draws fire from Cornyn and Hutchison

I would call that barely a whimper, but GOP needs to do more than speak out, they need to ACT.

120 posted on 01/04/2012 1:27:38 PM PST by La Enchiladita (Newt says amnesty isn't amnesty.)
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To: Justaham
If the GOP does not act, other than claim it bothers them, seems like an indirect political strategy on Romney the establishment guy.

Axelrod move to drive votes to Ron Paul.

121 posted on 01/04/2012 1:31:09 PM PST by opentalk
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To: Red_Devil 232
Cry of course!

I loathe it.....either by RINOs or by 'Conservatives'

I just hate it


122 posted on 01/04/2012 1:31:40 PM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Justaham

Omullah ripped a page right out of Stalin’s book. What is the urgency, that Congress cannot vet him?


123 posted on 01/04/2012 1:33:39 PM PST by FlyingEagle
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To: Justaham

Omullah ripped a page right out of Stalin’s book. What is the urgency, that Congress cannot vet him?


124 posted on 01/04/2012 1:33:43 PM PST by FlyingEagle
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To: mkjessup
America? Here is your pompous Il DOUCHE


125 posted on 01/04/2012 1:36:34 PM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Justaham

So what are the retaliation plans, Mr. McConnell?


126 posted on 01/04/2012 1:37:30 PM PST by Recovering_Democrat
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To: Justaham

Interesting considering that the Senate is STILL IN SESSION. That makes these “recess” appointments illegal.

So GOP, got balls enough to shove this back down Barry’s throat? Considering he is an illegal POTUS you better start taking your testosterone supplements.


127 posted on 01/04/2012 1:37:37 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Justaham
Hussein is defying the DEMOCRAT CONTROLLED SENATE!

He even hates his own party.

128 posted on 01/04/2012 1:40:56 PM PST by Recovering_Democrat
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To: Justaham
The people saying that the attempted appointment of the Director the Bureau of Consumer Financial Protection is not valid under the statute (much less the Constitution) seem to be correct.

SEC. 1066. INTERIM AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is authorized to perform the functions of the Bureau under this subtitle until the Director of the Bureau is confirmed by the Senate in accordance with section 1011.
(b) INTERIM ADMINISTRATIVE SERVICES BY THE DEPARTMENT OF THE TREASURY.—The Department of the Treasury may provide administrative services necessary to support the Bureau before the designated transfer date.

Source: PUBLIC LAW 111 - 203 - DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT

At the least, it can be argued that the Director cannot perform any of his duties, and they must continue to be performed by the Secretary of the Treasury, until confirmed by the Senate

129 posted on 01/04/2012 1:42:26 PM PST by Pilsner
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To: dragonblustar

Unfortunately.....you can’t “grow” what you don’t have in the first place...ie a set of nads.

We’re screwed.

“The republicans better grow a damn back bone and fight for this country or step down and let someone who cares about this country to get in their and fight!!!!”


130 posted on 01/04/2012 1:44:40 PM PST by XenaLee (The only good commie is a dead commie.)
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To: Danae
Next, Obama will say that it is HIS opinion that the Senate is in recess, and therefore his recess appointment is valid.

That will force another Constitutional Crisis because the Senate is allowed to make its own rules, not the President. The President's "opinion" of Congress' status is irrelevant.

That is why McConnell, with Boehner at his side to show Republican unity, must state that they will not accept the appointments as a proper legal act and will treat the positions as still vacant, and that these people have no legal authority.

-PJ

131 posted on 01/04/2012 1:46:00 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: XenaLee

I just called John Boehner’s office and spewed off a lot of steam! I am absolutelu angry, and yes rightously so, at the fact that OUR REPRESENTATIVES who are supposed to be CONSERVATIVE, JUST DO NOTHING!!! NOTHING!!!
No wonder we are in the mess we are in! ALL TALK , NO ACTION!


132 posted on 01/04/2012 1:47:29 PM PST by pollywog ("O Thou who changest not, abide with me.".......)
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To: pollywog

“I just called John Boehner’s office “

Duh, Boehner isn’t in the Senate.

Call your Senators, demand they refuse “unanimous consent” until this is settled.


133 posted on 01/04/2012 1:52:40 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: Texas Fossil

Codray is going to issue an edict stating credit card companies can’t charge interest over some much lower percentage than they do now..say, 11%. Then when the credit card companies whine and start losing money....everyone who has their cards max’ed out will LOVE Obama.

He will be positioning the campaign as Him for working stiffs, and GOP for the rich elite corporations, and as evidence....the GOP will be fighting for high credit card interest rates.

Watch and see....


134 posted on 01/04/2012 2:01:13 PM PST by TheErnFormerlyKnownAsBig (It is going to be Foot to Ass combat on election day....my foot and a Rat's ass.)
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To: wiggen
He’s challenging congress right now,no doubt.

Obama's 2012 Reelection Excuse: Don't Blame Me, Blame Congress

http://www.freerepublic.com/focus/f-news/2828548/posts

135 posted on 01/04/2012 2:03:59 PM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: Vaquero

oh BRAVO for that superior graphic my FRiend, I take my hat off to you! (I’m gonna steal that one, because I only steal from the best! ;)


136 posted on 01/04/2012 2:24:02 PM PST by mkjessup (Jimmy Carter is the Skidmark in the panties of American history, 0bama is the yellow stain in front.)
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To: dragonblustar

The war is coming. I’m ready!


137 posted on 01/04/2012 2:41:54 PM PST by SMM48
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To: SMM48

-——I’m ready!——

Exactly what do you propose to do?


138 posted on 01/04/2012 2:44:59 PM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: Political Junkie Too

A fight in court is inevitable.


139 posted on 01/04/2012 3:05:41 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: TheErnFormerlyKnownAsBig; La Enchiladita

Thanks for clarification.

None of this surprises me.

When he is evicted, there must be criminal investigations and charges for he and his merry band of Commie thieves.


140 posted on 01/04/2012 3:16:59 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: silverleaf; dragonblustar; y6162; Texas Fossil; All
who is going to pay this new agency chief and his staff? congress? or obama

With all the legislation that has been passed, that many have not bothered to read, how do we know if this isn't already paid for or funding set aside?

Power of the purse. No money, no agency. The Kenyan lizard cannot spend money not allocated by congress.

Congress has the power of the purse strings..... Simply defund the entire department. He can appoint all he wants, but where will the funds come from?

Unfortunately, this CFPB is the brainchild of the Marxist Elizabeth Warren who was the driving force and presumed nominee for Director's position, and who is now running for Senate in MA against Scott Brown.

She and other leftists in the administration anticipated your plan of attack (Congressional funding and accountability of the standalone agency) so, they imbedded it into the Fed, with "independent" funding through the Fed mechanism and no future accountability to Congress or President. All was done inside of the monstrous Dodd-Frank Act.

That's why the entire Bureau should be de-established / de-authorized, because it is simply a model for destruction without any public accountability, in the name of consumer "protection" - as if the courts, many other public or private agencies or the laws of competition don't already provide it.

Talk about something truly "unconstitutional"! Some of the more eloquent Presidential candidates (e.g., Newt Gingrich) might want to take up this issue in their campaigns and/or the next Presidential debate, to give it a loud public voice.

How to fight this? Relatively easy. The House Committee can call the hearings on the nomination, and invite or subpoena Richard Cordray. During the hearing he should be asked if he knows that his appointment to the position is illegitimate - because he has not been confirmed by the Senate, as required by the law. If he says he doesn't know, he would be lying, but at least he will be heretofore "informed" of it. If he says he does know it, then trying to execute the duties of the Director will make him in violation of "impersonating a public official" laws and "contempt of Congress" and subject to arrest and imprisonment (until Obama rescinds his "recess" appointment).

This would be playing by Queensbury rules (hitting the glass jaw of an opponent who keeps trying to hit below the belt) and can make a playbook for the future, so this could be the last time President will try something like this.

From The Danger of an Unaccountable 'Consumer-Protection' Czar | Why should one person have sweeping powers over the economy? - WSJ, by Richard Shelby (R-AL), 2011 July 21

How the Bureau came into existence an the whys and hows of its structure:

From Fight Over Consumer Agency Looms as Overhaul Is Signed - WSJ, by Damian Paletta, 2010 July 22

There are a lot of financial and other "consumer" institutions in MA who don't like what Elizabeth Warren has wrought and how underhanded the process was and how "stealthy" (funding, accountability etc.) this "government non-agency" is.

Scott Brown can make this an issue in his campaign against Warren. Presidential candidates can make this an issue against Obama.

141 posted on 01/04/2012 4:15:57 PM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: dragonblustar
Are the republicans actually going to do something for a change or are they going to sit on the side lines and cry?

You're kidding, right?

Obama is a social experiment... which I believe ALL the power-brokers (dems and repubs alike) in Washington will protect to the end.

142 posted on 01/04/2012 4:24:14 PM PST by Cementjungle
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To: flatfish

“This appointment should be challenged on those ground but I doubt we’ll see anything from the spineless Repubs.”

And even less from obammy’s useful idiots in the “media”.


143 posted on 01/04/2012 4:40:11 PM PST by jivin gene (Breakin' up is hard to do)
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To: Justaham

Remember when Bush was President for his last two years with a Dem Congress. The Dems kept Congress fake “in session” so that Bush couldn’t make recess appointments. He should have done so anyway.


144 posted on 01/04/2012 4:57:29 PM PST by Locomotive Breath
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To: dragonblustar
Are the republicans actually going to do something for a change or are they going to sit on the side lines and cry?

No, the Republicans are going to have a good laugh with their Democrat pals as they shred whats left that out-of-date 19th century antique known as the Constitution. The Republicans aren't stupid or spineless - they are in on it!


Pictured: CONgressmen laughing about how easy it is to fool the rubes. They have a 5% approval rating yet have a 95% reelection rate.

145 posted on 01/04/2012 6:18:08 PM PST by Roninf5-1
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To: Drill Thrawl

I really wish you were right, but sadly the Supreme Court disagrees with you. (Evans v. Stephans)

Currently there are no differences between an inter-session and intra-session recess in Congress. The second the gavel falls for people to go to lunch the President can install people.

Usually the sacrosanct amount of time passing was 10 days, however, there is no actual legal basis for that.

Since this particular title was already agreed to in Congress the President had the ability to fill the position.

To be honest this is probably a good thing for most of Congress, now they can go on their vacations without having to come back repeatedly just to try to block provisions they had already agreed upon.


146 posted on 01/04/2012 6:35:42 PM PST by Homegrown1
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To: Danae

I recently replied to someone saying it was the Supreme Court that made this legal (Evans v. Stephans). I was incorrect.

This was made legal by the 11th circuit court. It was never brought to the Supreme Court.

To that end it was Bush 43rd that brought this legal challenge to the forefront. Basically....once again we can thank him for another horribly bad decision that is being used against us.


147 posted on 01/04/2012 6:35:52 PM PST by Homegrown1
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To: PghBaldy

Most of what Obama does is superficial. The FTC as a government agency and an NGO known as Open Secrets already have a list of documented business frauds both in terms of general corporate as well as in terms of financial issues, they even record officially where various organizations contribute in elections. The big problem is that so many Americans don’t have the guts to find that these organizations exist to inform them already, and instead buy into what this president does as great when in reality, it’s a case of getting away with redundancy. While I do get a chuckle out of your sarcasm, the fact is, politicians drop a lot of B.S. about how innovative and heroic they really are, and unless enough people actually fact-check what is said, it just sounds so great to hear.


148 posted on 01/04/2012 6:37:33 PM PST by Morpheus2009
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To: MestaMachine

The constitution is only as good as the people in this country who vote are informed, or care about it. The problem, which either isn’t emphasized or is edited out by news media, and I can’t tell which, is the fact that adding a new consumer advocate is redundant. There’s already plenty of official consumer databases with the FTC. Perhaps check for updates in the FTC or something, but the general infrastructure is here to list off what is good or bad for consumers, someone just needs to bother seeking out the information to get it though.


149 posted on 01/04/2012 6:41:19 PM PST by Morpheus2009
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Click

150 posted on 01/04/2012 6:50:44 PM PST by RedMDer (Forward With Confidence!)
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