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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?

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To: Dave Wright
Answer: The have allocated power to the administrative state that exceeds the intent of the Constitution.

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."

41 posted on 10/21/2022 9:25:50 AM PDT by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
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To: cotton1706

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?


42 posted on 10/21/2022 9:29:31 AM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: libertylover
Yeah, but another Trump SC judge just allowed Biden to force a plumber’s daughter to help pay for a lawyer’s son to go to college.

What are you talking about?

43 posted on 10/21/2022 9:31:26 AM PDT by ELS
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To: where's_the_Outrage?
No, other sources report that the judges are saying the funding of the CFPB through the Fed is unconstitutional. That is something that Congress could conceivably change.

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.

44 posted on 10/21/2022 9:38:09 AM PDT by x
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To: where's_the_Outrage?

The link didn’t go to Vox, it went to MSN instead.


45 posted on 10/21/2022 9:50:39 AM PDT by ansel12 (NATO warrior under Reagan, and RA under Nixon, bemoaning the pro-Russians from Vietnam to Ukraine.)
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To: where's_the_Outrage?

May I suggest the IRS, department of Education and ATF?

5.56mm


46 posted on 10/21/2022 9:56:20 AM PDT by M Kehoe (Quid Pro Joe and the Ho got to go)
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To: seowulf

“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.


47 posted on 10/21/2022 9:57:41 AM PDT by cotton1706
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To: where's_the_Outrage?

ABSOLUTELY


48 posted on 10/21/2022 10:32:27 AM PDT by ExGeeEye (For dark is the suede that mows like a harvest.)
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To: cotton1706

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.


49 posted on 10/21/2022 10:36:59 AM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: Red Badger

Lizzie is 1/1024th fit to be tied!


50 posted on 10/21/2022 10:49:40 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: Pilgrim's Progress

This agency is her papoose!......................


51 posted on 10/21/2022 10:51:34 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?

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.


52 posted on 10/21/2022 10:52:39 AM PDT by HamiltonJay
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To: Taxman

Ping


53 posted on 10/21/2022 11:04:15 AM PDT by Taxman (SAVE AMERICA! VOTE REPUBLICAN IN 2022, 2023 AND 2024!)
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To: where's_the_Outrage?

The fifth circuit reads and applies the actual constitution. There is no such thing as an “obscure provision”.


54 posted on 10/21/2022 11:06:09 AM PDT by EastTexasTraveler
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To: EQAndyBuzz

The Democrats want the constitution subverted.


55 posted on 10/21/2022 11:11:29 AM PDT by Vaden (Real conservatives will not allow our wagon to be hitched to fascist Russia)
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To: where's_the_Outrage?
” benefit political conservatives and the Republican Party”

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.

56 posted on 10/21/2022 11:47:03 AM PDT by The Westerner ("...Then the Gods of the Copybook Headings limped up to explain it once more.")
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To: where's_the_Outrage?

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.


57 posted on 10/21/2022 12:03:43 PM PDT by abb
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To: ELS
*** Yeah, but another Trump SC judge just allowed Biden to force a plumber’s daughter to help pay for a lawyer’s son to go to college. ***

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

58 posted on 10/21/2022 12:11:56 PM PDT by libertylover (Our biggest problem, BY FAR, is that almost all of big media is agenda-driven, not-truth driven.)
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To: seowulf

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.


59 posted on 10/21/2022 12:29:30 PM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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To: skeeter

YES!


60 posted on 10/21/2022 12:38:55 PM PDT by TribalPrincess2U (D.I.S.T.R.A.C.T.I.O.N.S.)
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