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 ...
Simple answer: They are too lazy and often too stupid to do their jobs, plus they are almost all grifters beholden to their moneybag "donors."
As I understand it there are agencies that are partially self-funded through fines collected going directly into their budgets and not appropriated by Congress, e.g. EPA, OSHA.
Is that constitutional without those funds first going through the Treasury and then being appropriated?
What are you talking about?
Websites put these stories out for the yay/boo reactions. Usually the truth is more complicated than that. I can see that a group like the CFPB might be useful or necessary.
I'm skeptical about Biden, the former senator from MBNA, as the defender of the people from predatory lenders, though. There must be a lot more going on behind the scenes.
The link didn’t go to Vox, it went to MSN instead.
May I suggest the IRS, department of Education and ATF?
5.56mm
“As I understand it there are agencies that are partially self-funded through fines collected going directly into their budgets and not appropriated by Congress, e.g. EPA, OSHA.
Is that constitutional without those funds first going through the Treasury and then being appropriated?”
You are correct. And I would argue that all receipts should go directly to the treasury, to then be re-doled out.
Slightly different issue though, since the CFPB was intentionally set up to be funded through the Fed, and NOT through the Congress.
If suit was brought, it could be argued I imagine that such funds should not be used for operational purposes and could not be allocated without the permission of the Congress.
The origin of that provision of the Constitution was the British paying royal governors and then colonial judges out of the new taxes that were being laid by the British Parliament, rather than the governors and judges being paid by the people through their assemblies. It is imperative that the people, through their representatives, maintain oversight over ALL parts of THEIR government.
ABSOLUTELY
Yes, this just brought the funding through fines issue to mind.
The agengy’s profit from fining creates perverse incentives. I worked with someone who had been an OSHA inspector in a previous job. He told me about how he was reprimanded after he told companies how to correct deficiencies prior to an inspection.
Apparently revenue is more important to OSHA than a safe workplace.
Lizzie is 1/1024th fit to be tied!
This agency is her papoose!......................
The bureaucratic administrative state needs dismantled.
If you want something to be an enforceable law it should go before congress and be passed and signed by the president... not oh we create a law that lets some bureaucrat make all future regulation and penalties regarding some topic without any of it ever further being voted on by Congress.
Ping
The fifth circuit reads and applies the actual constitution. There is no such thing as an “obscure provision”.
The Democrats want the constitution subverted.
The writer's bias is showing. What a joy it was to witness a President go after this unconstitutional power grab from the out of control statists. Another reason Trump is the one and only man in this country who possesses the courage to dismantle the Federal behemoth. Doubtless, he'll be given the Bannon/Flynn treatment early next year.
Back when the Fifth Circuit was celebrated by the Drive-by Media.
https://content.time.com/time/subscriber/article/0,33009,830884,00.html
Courts: The Fascinating & Frenetic Fifth
Friday, Dec. 04, 1964
Apart from the Supreme Court, the most fascinating bench in the U.S. is the Deep South’s Fifth Circuit Court of Appeals — the trail-blazing intermediate court that handles most of the nation’s civil rights cases by hearing appeals from district courts in Alabama, Florida, Georgia, Texas, Louisiana and Mississippi. “Without the Fifth Circuit,” says a leading civil rights lawyer, “we would be on the verge of actual war fare in the South.”
For ten years the Fifth has steadily overruled segregationist district judges while vigorously carrying out the Supreme Court’s 1954 ban against segregated schools. In the process it has upheld the desegregation of everything else in sight—buses, parks, juries, ballots, libraries, sporting events, the universities of Alabama, Georgia and Mississippi. The court has made law, not just followed it.
The Fifth’s all-Southern judges have inevitably been denounced by Alabama’s Governor George Wallace as “scallywagging, carpetbagging federal judges.” They have been ostracized by former friends, constantly threatened by all-night phone callers. After his son’s death in an auto accident, Judge Richard T. Rives was honored by his fellow Alabamians—they threw garbage on his son’s grave.
What are you talking about?
Barrett rejected an appeal from Wisconsin to halt Biden's giveaway program. Here's the link:
https://apnews.com/article/us-supreme-court-amy-coney-barrett-wisconsin-government-and-politics-business-650cf994711d429701722c97fedd2bb7
I would say that entities funded through fines are a moral hazard, in that they have an incentive to levy fines to support themselves, much like some small-town speed traps.
All fine revenue should go to the general fund.
YES!
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