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Mon Jun 29, 2020, 02:23 PM

Supreme Court rules consumer regulator structure unconstitutional

Source: Washington Post

The Supreme Court on Monday said the structure of the Consumer Financial Protection Board violates the Constitution.

Chief Justice John G. Roberts Jr. wrote the majority opinion.

At oral argument, Justice Ruth Bader Ginsburg said the question before the court had an “academic quality” to it. Does it intrude on the president’s constitutional authority to direct the executive branch if he is not free to fire the CFPB’s director?

The bureau was the brainchild of now-Sen. Elizabeth Warren (D-Mass.) when she was still a Harvard University law professor. It was part of the 2010 overhaul brought on by the financial crisis. Congress gave it broad powers to implement and enforce consumer protection laws and insulated it even from lawmakers by giving it its own budgetary powers.

Read more: https://www.msn.com/en-us/money/markets/supreme-court-rules-consumer-regulator-structure-unconstitutional/ar-BB166Qy2?li=BBnbfcN&ocid=DELLDHP

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Response to Yo_Mama_Been_Loggin (Original post)

Mon Jun 29, 2020, 02:28 PM

1. So what does this mean to the little guy. They will now go back to ripping us off in more ways again

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Response to usaf-vet (Reply #1)

Mon Jun 29, 2020, 02:31 PM

3. Simply means the President has the right to fire the head of the agency.

The Senate still has the power to deny or approve the head of it though.

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Response to cstanleytech (Reply #3)

Mon Jun 29, 2020, 02:51 PM

5. Might have a bit broader meaning than that ...

I would think it kinda means that the Congress can't establish any entity (outside itself) wherein the President can't fire anybody in it that s/he wants to.

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Response to mr_lebowski (Reply #5)

Mon Jun 29, 2020, 03:16 PM

6. No, the President is simply the ultimate authority over federal agencies but he cannot establish nor

abolish them on his own.

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Response to cstanleytech (Reply #6)

Mon Jun 29, 2020, 04:46 PM

11. So he can fire the patriot in charge, and TRY and install a typical rump appointment

who will be dedicated to taking away all rights from consumers, but whoever he appoints has to be approved by the Senate?

Too bad the senate is controlled by traitors.

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Response to Eliot Rosewater (Reply #11)

Mon Jun 29, 2020, 05:15 PM

12. Sure he can try but the head of agents still have to be confirmed by the Senate which when you do

not have a corrupt party in have majority control of works well.
Unfortunately right now the party with majority control in the Senate is the most corrupt political party that there has ever been in our nations history thus we have people appointed to posts that they are not qualified for or that they are behaving little more than rubber stamping toads for a thin skinned President.

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Response to mr_lebowski (Reply #5)

Tue Jun 30, 2020, 11:35 AM

13. Correct... and this shouldn't be surprising

Congress can't create a new part of the executive branch that is not subject to the chief executive. The desire to create an independent agency is laudable in many cases... but no branch of government was given the power to create a 4th branch... and a regulatory agency is clearly neither judiciary nor legislature.

There has been some doubt since the CFPB was created that the structure could be unconstitutional. The real question was whether this failing was fatal to the entire CFPB... or could be fixed by severing.

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Response to FBaggins (Reply #13)

Tue Jun 30, 2020, 08:26 PM

15. Many people don't seem to understand how lucky we are

SCOTUS ruled that this part of the Dodd-Frank Act could be changed separately, if they hadn't made that ruling the Dodd-Frank Act could have been overturned.

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Response to cstanleytech (Reply #3)

Mon Jun 29, 2020, 03:54 PM

8. Too bad We the People can't fire/recall the fucking President.

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Response to rickyhall (Reply #8)

Mon Jun 29, 2020, 04:13 PM

9. We can via the Senate when we do not have a corrupt Republican party

standing in the way.

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Response to Yo_Mama_Been_Loggin (Original post)

Mon Jun 29, 2020, 02:30 PM

2. Does that mean...

That a major, consumer revolt will be necessary?

Just asking for an enemy.

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Response to Yo_Mama_Been_Loggin (Original post)

Mon Jun 29, 2020, 02:32 PM

4. So far we still have an SEC

So I'm hoping a few tweaks will empower CFPB again

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Response to Yo_Mama_Been_Loggin (Original post)

Mon Jun 29, 2020, 03:43 PM

7. You can build an impregnable fortress but.....

if you give the key to Trumpesque persons it is useless for protecting much of value.

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Response to Yo_Mama_Been_Loggin (Original post)

Mon Jun 29, 2020, 04:40 PM

10. Ginsburg was right about the arguments being academic

This ruling doesn't destroy the agency, it simply puts it under either Congressional or Executive oversight.

As it was set up, the effort to make it impervious to partisan politics actually created a department with essentially no oversight by any of the three branches of constitutional government. Even the Pentagon lacks that kind of stature. It's the structure, not the mission, that is at issue here and it's the structure that will need to be changed.

So while it looks like a defeat from the headline, it isn't. The Board didn't just get undone by a stroke of quill pen, it means that someone, quite probably the Executive, will be in charge of hiring and firing.

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Jun 30, 2020, 06:24 PM

14. So Roberts must have read the 1970, Powell doctrine,........little people don't deserve

anything, but corporations and oligarchies have at it............John Roberts is a federalist society jerk...........I guess when a "elected" representative helps formulates and passes legislation to create a process to protect people its not good enough.............got it Johnny............

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Response to Yo_Mama_Been_Loggin (Original post)

Tue Jun 30, 2020, 08:35 PM

16. This essentially confirms

unitary executive power rests in the President. This has been an ongoing argument for 170 years since Johnson's impeachment.

There is an argument for more independent agencies to an extent (the Fed, FCC, etc.) but its not going to happen now.

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