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America’s Trumpiest court just declared an entire federal agency unconstitutional
Vox.com ^ | Oct 20, 2022 | Ian Millhiser

Posted on 10/21/2022 7:19:30 AM PDT by where's_the_Outrage?

Three judges appointed by former President Donald Trump handed down an astonishing decision on Wednesday, effectively holding that the Consumer Financial Protection Bureau, the federal agency charged with protecting consumers from a wide range of predatory activity by lenders and other financial services, is unconstitutional and must be stripped of its authority.

The decision by the conservative United States Court of Appeals for the Fifth Circuit relies on a novel reading of an obscure provision of the Constitution, and is entirely at odds with a Supreme Court decision that rejects the Fifth Circuit’s reading of that provision. This is not unusual behavior from the Fifth Circuit, which often reads the Constitution in novel and unexpected ways that benefit political conservatives and the Republican Party.

Indeed, Judge Cory Wilson admits in the court’s new opinion in Community Financial Services v. CFPB that “every court to consider” the arguments presented in this case has deemed the CFPB to be “constitutionally sound.”

Should the three Trump judges’ decision stand, it would effectively neutralize much of the federal government’s ability to fight financial fraud — although that outcome probably is not likely given that the Fifth Circuit’s decision is such an outlier. As Wilson explains, the CFPB assumed enforcement authority “over 18 federal statutes” when it was formed nearly a dozen years ago, and these statutes “cover everything from credit cards and car payments to mortgages and student loans.”

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


TOPICS: Constitution/Conservatism; Front Page News; Government
KEYWORDS: 2022election; 2024election; 5thcircuit; blm; cfpb; constitutional; creepstate; deepstate; doj; election2022; election2024; epa; fbi; fed; federalagency; fib; fifthcircuit; ianismad; ianmillhiser; merrickgarland; obamanation; policestate; singlepartystate; unconstitutional; vox
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I'd like to see a lot more agencies declared unconstitutional such as the EPA, BLM, FBI, etc.
1 posted on 10/21/2022 7:19:30 AM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

Lizzy Warren to go on WARPATH!.......................


2 posted on 10/21/2022 7:22:16 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: where's_the_Outrage?

I love the “Trump judges” and “Trumpiest” court angle. Trump appointed Federalist Society recommendations as judges just like every other Republican president for the past 40 years. Its one of the most consistent things he did as a Republican president. It works out great but the author trying to turn this into a “Trump” thing shows that he is either disingenuous or stupid.


3 posted on 10/21/2022 7:23:06 AM PDT by Opinionated Blowhard (When the people find that they can vote themselves money, that will herald the end of the republic.)
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To: where's_the_Outrage?
effectively neutralize much of the federal government’s ability to fight financial fraud

Does anyone else find this sentence hilarious?

4 posted on 10/21/2022 7:23:41 AM PDT by skeeter
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To: where's_the_Outrage?

“a novel reading of an obscure provision of the Constitution”

Really??

The idea that a Federal agency would not be accountable to the people through their funding source is abhorrent to the principle of self-government.

Elizabeth Warren SPECIFICALLY said that she wanted the agency to be insulated from the influence of the people through the Congress.

But let’s hear more about “DEMOCRACY”


5 posted on 10/21/2022 7:24:21 AM PDT by cotton1706
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To: where's_the_Outrage?

Likely their reasoning is that the agency grabbed powers that can only come through the legislature. Dozens of such agencies have given themselves limitless powers.


6 posted on 10/21/2022 7:24:36 AM PDT by lurk (u)
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To: where's_the_Outrage?

“novel and unexpected”

~~~

I have no clue if what this court just did is something I would agree with or disagree with. However, this language is ripe with the fishy smell of propaganda. Novel and unexpected interpretation of the constitution? Three of them? uh huh


7 posted on 10/21/2022 7:25:58 AM PDT by z3n (Kakistocracy)
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To: where's_the_Outrage?

It’s a start.


8 posted on 10/21/2022 7:26:17 AM PDT by blackdog (The head, hands, and heart, serve even further than the purse. )
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To: where's_the_Outrage?

“...relies on a novel reading of an obscure provision of the Constitution,”

Translation: the Court is paying attention to what the Constitution actually says, not what liberals think it should say.


9 posted on 10/21/2022 7:26:54 AM PDT by Roadrunner383 (;)
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To: cotton1706

The constitution is hardly obscure in any content.


10 posted on 10/21/2022 7:28:02 AM PDT by blackdog (The head, hands, and heart, serve even further than the purse. )
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To: where's_the_Outrage?

Quick! Somebody get cases about the ATF, FBI, CIA, NSA, HUD, etc, in front of these judges!


11 posted on 10/21/2022 7:28:14 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: Opinionated Blowhard

And does anyone, outside of conservative media, EVER refer to “Obama-appointed” judges for some of the most absurd decisions handed down in recent years (rhetorical question)?


12 posted on 10/21/2022 7:28:20 AM PDT by daler
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To: where's_the_Outrage?

Cool! Now do the CDC.


13 posted on 10/21/2022 7:29:23 AM PDT by Allegra
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To: skeeter

The feds fighting fraud is like MSNBC fighting take news


14 posted on 10/21/2022 7:29:28 AM PDT by bigbob (z)
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To: where's_the_Outrage?

I seems the intent of the Constitution is to keep the discrecionary power to spend money in the hands of the people. By giving agencies a “blank check” that is off the people’s annual appropriation books is a deceptive financial practice that borders on money laundering. Why did the Congress need to do this? Answer: The have allocated power to the administrative state that exceeds the intent of the Constitution.


15 posted on 10/21/2022 7:29:57 AM PDT by Dave Wright
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To: where's_the_Outrage?

“means simply that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress.” >>>. The reason for this qualification is important. SO the agencies cannot bypass a regular approval process. They cannot be self perpetuating. That is the point and a self perpetuating funding scheme is unconstitutional at the federal level.


16 posted on 10/21/2022 7:30:25 AM PDT by kvanbrunt2
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To: skeeter

They did not call it the ministry of truth...


17 posted on 10/21/2022 7:33:48 AM PDT by going hot (Happiness is a Momma Deuce)
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To: Opinionated Blowhard
I love the “Trump judges” and “Trumpiest”

It reminds me of the way Smurfs talk. Have a “Trumpy” day. Trump’s wife would be referred to as “Trumpette”.
18 posted on 10/21/2022 7:34:16 AM PDT by Dr. Sivana (What was 35% of the Rep. Party is now 85%. And it’s too late to turn back—Mac Stipanovich )
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To: Dr. Sivana

When will democrats get it through their heads that anything that tries to circumvent the constitution is radical?


19 posted on 10/21/2022 7:38:27 AM PDT by EQAndyBuzz (At this point I would rather have the illegals here than the liberals.)
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To: where's_the_Outrage?

Good.

Congress delegated too many of its powers to bureaucratic “agencies” with regulation power that has the same power as law.


20 posted on 10/21/2022 7:42:01 AM PDT by Nathan _in_Arkansas (Hoist the black flag and begin slitting throats. )
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