Posted on 01/04/2012 4:36:27 PM PST by ColdOne
One Senate Republican says that President Barack Obama's installation of Richard Cordray as Consumer Financial Protection Bureau head without Senate confirmation is irrelevant — and that he may not have all the new powers granted to the office under the law that created the agency.
"The irony is that while this recess appointment may advance the White House's political goals, it does nothing to advance the work of the CFPB. The statute creating the CFPB makes clear that only Senate confirmation of a director — not a recess appointment — can activate the new powers of this agency," Sen. Rob Portman (R-Ohio) said in a statement.
Portman points to a portion of the Dodd-Frank law, which created the bureau, that he says makes explicit reference to Senate confirmation being required.
And his position is echoed by at least one administration memo: The bureau cannot exercise its new powers to stop "unfair, abusive or deceptive" practices without a Senate-confirmed director, according to a Treasury Department inspector general report released last year.
But banks are preparing for the bureau to use these powers regardless of Cordray's official status, said Joe Lynyak, a financial services industry lawyer at Pillsbury Winthrop Shaw Pittman LLP. And the administration believes they're on firm legal ground.
(Excerpt) Read more at politico.com ...
This is a strange move from the incompetent one. He will be gone in a year and the new admin will dump Cordray. Then, he will have given up his office in Ohio to join the Obama team for less than a year.
Actually, Cordray lost his reelection contest last November, so he's free to do his Master's bidding.
“the constitutional scholar and legal expert swiiiings and misses for strike three. boy, johnny, he was fooled on that pitch.”
It’s probably just another move to paint the GOP as “obstructionists”.
Hey, why stop with this, let’s free the slaves and declare all mortgages null and void, with the mortgagee the legal owner.
IMHO this is cowardly Kabuki BS.
You can’t amend the constitution by law- there’s a specified procedure to amend it.
“The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.”
The ‘recess appointment’ clause supercedes boilerplate like this. [Though there is no ‘recess’!]
Then let's see these spineless Pubbies stand up to the first decision or regulation they try and hand down from this agency. They won't - they think they will glide to the 2012 elections without making a stink. By then, if they are lucky enough to take the Senate and the White House - they will probably leave this agency in place, rather than tear it down.
From the article: “White House spokesman Eric Schultz said, “The CFPB’s authorizing statute does not limit the president’s ability to exercise his constitutional power to appoint a director during a recess. The CFPB statute, like other statutes, makes clear that the director is a presidentially appointed, Senate-confirmed position, but it does not preclude a recess-appointed director from serving.”
— Where is there any support for this argument? I bet there’s nothing in the legislative history to support this bogus claim.
The law says it requires a Senate confirmation for a reason- if that wasn’t the intent they (the Dems) wouldn’t have put it in there.
Nah, it’s boilerplate.
I bet there have been hundreds of recess appointments of offices with that same wording in their enacting law.
This is BS from Portman:
Legislation doesn’t change the constitution.
I’m shocked no RINO up for re-election will stand against this to win over Tea Party voters.
Its tough, if not impossible, for any RINO to stand against this since RINOS do not possess a spine. RINOS are invertebrates.
Ah; Rob Portman pipes up to get his name out there, as he will probably be Romney-The-RINO’s VP pick.
Another Federal “office” stolen from the jury by twelve, by 15 Trillion N.Virginia.
Thou Shall Not Steal.
It’s clear what is going on. The left are poking at a stick. In the eye of the American People. And the media is hiding it. This is all about probing the defenses.
They believe they can get away with everything, that they are above the law.
Tale down a Journolista. take down an MSM biggy. Hard press DOJ to start the purge.
Andy don’t let up. Use Moochelles “I feel lke royalty” comment from now ntil election day.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.