Skip to comments.Cordray-Any Legislation Which Has Even Incidental Effects on Economy is a Valid Exercise...
Posted on 01/05/2012 9:22:22 AM PST by tcrlaf
President Obama announced today that he was going to take a new step in the expansion of executive authority by recess appointing a head to the new Consumer Financial Protection Bureau despite the fact that the Senate isn't actually in recess. This has, of course, spawned an angry backlash. However, the man that the President is appointing is relatively unknown.
His name is Richard Cordray and he has some interesting views on the limits of congressional power. Before losing his bid for reelection as Ohio's Attorney General Cordray appeared on a program called Capitol Square. He was asked about his decision not to join Attorney Generals, including one democrat, in filing suit against Obamacare.
Cordray essentially says that lawsuits against Obamacare are "frivolous" because courts have held, and Cordray seems to agree that, any legislation which has even "incidental effects on the economy" is a "valid exercise of congressional authority" because of the commerce clause. Now the surprising aspect of what Cordray says certainly isn't that courts have held that the commerce clause basically negates the rest of the constitution. Some courts certainly have and very famously so.
The surprising aspect of what Cordray says isn't even that someone would have to implicitly hold this extremely far left view of the commerce clause to justify the individual mandate.
No, the surprising aspect is that he said this at all. Most liberal politicians have better sense then to explicitly spell out the radical beliefs that make up the foundation of their political philosophy.
(Excerpt) Read more at mrctv.org ...
Video of the Cordray statement at the article link.
NOTE TO MODS: Actual title is: "Richard Cordray: Any Legislation Which Has Even "Incidental Effects on the Economy" is a "Valid Exercise of Congressional Authority"
Shortened to fit.
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Of course the kicker to this is the follow-up liberal belief that "ALL legislation has at least an incidental effect on the economy". "What 10th Amendment?"
"But the question is a very different one, whether, under pretence of an exercise of the power to regulate commerce, congress may in fact impose duties for objects wholly distinct from commerce. The question comes to this, whether a power, exclusively for the regulation of commerce, is a power for the regulation of manufactures? The statement of such a question would seem to involve its own answer. Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments."
The Constitution guarantees the States a republican form of government. If there is no boundary between the state and national governments, then there is no republic. The contract is broken, the Constitution is no longer in effect, and Congress has no authority at all.
Thank you SCOTUS for giving Cordray a valid defense for that statement. Gonzales v Raich. Wickard v Filburn.
It’s almost time . . .
Imagine what a totalitarian like this is going to do when it comes to regulating and demolishing businesses...
“...we’ve also pursued some of the top executives — not just the corporations themselves. We do think that they bear their share of the blame — we think that they need to be held accountable as well. We think that that’s a principle that sends a message to other corporate executives on Wall Street that is a further disincentive for this kind of thing in the future.
There’s your new sheriff, Wall Street. As we reported earlier today, it’s likely Republicans will fight Obama’s appointment in Court. In the meantime, Cordray will be able to nice and comfy at the CFPB.”
OWS comes into power.
it’s past the time
For your list.
So how do you like Raich and the New Deal Commerce Clause?
Thank Graham/Dodd guys.
I’ve said it once and will say it a hundred more times here. We need a Tea Party, supermajority Congress as much if not more than we need a conservative President. It’s time to take over the party.
We need to undo about 40 years minimum worth of crap legislation within the Federal code. If we dont, soon, the govt will control everything, and our economy will power flush down the toilet.
Republican primaries are coming up. Guys like Boner and McConnell and Lugar need to go. We need to get majorities in our state legislatures, and a conservative President.
Now is the time to quit jawboning, get involved and get to work.
Hell, our Founding Fathers would have started shooting by now. Come to think of it, they would have been finished by now!
“So how do you like Raich and the New Deal Commerce Clause?”
NLRB v. Jones & Laughlin Steel Corp. teed it all up.
The list, Ping
Let me know if you would like to be on or off the ping list
bump for later
Cordray is now a true Czar; an appointed bureaucrat who is accountable to no one except the POTUS. Businesses affected by his new regulations do not even have the right to appeal and seek redress with Congress.