January 6, 2012

Richard Cordray started his new job on Thursday as director of the Consumer Financial Protection Bureau (CFPB). Though he may wear that fancy new title, he lacks the statutory power and constitutional authority of the office.

On Wednesday, after the Senate adjourned for one day, President Obama unilaterally installed Mr. Cordray to the CFPB and added three members to the National Labor Relations Board (NLRB), claiming these were "recess appointments" even though the Senate was in pro-forma session, not recess.

In his first speech, Mr. Cordray insisted his appointment was "valid" and "now, for the first time, we can exercise the full authorities granted to us under the new law."

He said at the Brookings Institution he was immediately "launching the bureau's program for supervising nonbanks. We will begin dealing face-to-face with payday lenders, mortgage servicers, mortgage originators, private student lenders and other firms that often compete with banks but have largely escaped any meaningful federal oversight." In other words, Big Brother is in business now.

Barack Obama has done another end-run around Congress and it leave me and hundreds of other conservatives wondering, who wants to sue and get this before the Federal Courts?

Once again, President Obama has stomped all over the Constitution, thumb his nose at Congress and told any opponent to (in Maxine Waters words) "Go to Hell"!

Senator Rob Portman insists this usurpation of power violates the law. Established by the Dodd-Frank Act in 2010, the CFPB was not allowed to regulate entities other than banks until a director was confirmed. "The statute creating the CFPB makes clear that only Senate confirmation of a director - not a recess appointment - can activate the new powers of this agency to regulate consumer transactions with Main Street businesses," the Ohio Republican said in a statement.

Under Article II, Section 2 of the Constitution, the president has the power to fill executive-branch vacancies during a Senate recess. The upper chamber is currently in a pro-forma session, which means it meets every three days but no official business takes place.

Both chambers must take a simple majority adjournment vote to go into recess, but Senate Majority Leader Harry Reid did not ask to do so. The Nevada Democrat knew Minority Leader Mitch McConnell, Kentucky Republican, wasn't about to give the president a chance to appoint Mr. Cordray. This is part of the Senate's proper advise-and-consent role for nominees.

Senate Republicans even said that they would confirm Mr. Cordray, but only if three key structural changes were made to increase CFPB's accountability. As Mr. McConnell's spokesman, Don Stewart, pointed out, "Not a single Senate Democrat will come forward and say we are in recess. That tells you something."

For the vacant slots on NLRB's board, Mr. Obama installed Sharon Block, Terence Flynn and Richard Griffin. While Mr. Cordray had a confirmation hearing in September, this trio has never been vetted by the Senate. The White House was so rash in pushing the Democrats, Mr. Griffin and Ms. Block, that it hasn't even sent their paperwork to the Senate.

"The American people don't get a chance to have a hearing on these people before they will be able to make outrageous decisions like Boeing," Mr. Stewart said, referring to NLRB's attempt to stop the airplane manufacturer from building a nonunion plant in South Carolina.

Undoubtedly, one of the many businesses unfairly regulated by this pack of bureaucrats will sue. When this happens, the courts ought to stay any further agency actions to reinstate the Founding Father's intention of checks and balances among the three branches of government.

The book, ''Means of Ascent,'' Volume 2 "The Years Of Lyndon Johnson" by Robert A. Caro, the author documented that although ballot fraud was common in the late 1940's in some parts of Texas, the Johnson campaign of 1948 raised it to a new level. Mr. Caro supports his charge with an interview with Luis Salas, an election judge in Jim Wells County who said he acknowledged his role only after all others involved in the theft had died.

Determined to Win at All Costs, LBJ had close associates like Billy Sole Estes take the names of persons dead off of their gravestones and used them to cast ballots for the Texas Democrat. It has been alleged for years that Johnson captured his Senate seat through fraud, but Mr. Caro goes into great detail to tell how the future President overcame a 20,000-vote deficit to achieve his famous 87-vote victory in the 1948 Democratic runoff primary against a former Governor, Coke Stevenson.

Power corrupts, contempt destroys.

Obama's actions leave one to wonder which is worse, getting votes off of the dead's headstones of graves in order to win a Senate seat, or just shuttering the Constitution?  Oh wait a minute ... did Mr. Obama say that LBJ was one of the top three Presidents of all times?

It's no wonder the President loves a corruptocrat.

We believe that the Constitution of the United States speaks for itself. There is no need to rewrite, change or reinterpret it to suit the fancies of special interest groups or protected classes.