The 5th Circuit just declared an entire federal agency unconstitutional

[The Original Tree]

Where does the constitution give power to anyone besides congress to make federal laws?

Only in DemNazi Fascist 666 New World Order Land are Courts supposed to make laws and take power from The Voter and their Representatives.

 

[TNHarley]

Funny coming from you who thought it was unconstitutional because, um, why was that again?

You are boring.
The whole bureau is unconstitutional. The constitution doesnt give anyone the power to do what they do except for congress.

 

[berg80]

The dispute is over how the CFPB is funded, and the 5th circuit is wrong.

They will be overturned.

Most federal agencies receive an annual appropriation from Congress that may be altered each year during legislative negotiations over federal spending. Many agencies, however, have separate funding sources, such as the ability to collect fees or assessments from the entities they regulate, and do not rely on the annual appropriations process to fund their operations.

This arrangement, where an agency has a continuous funding source regardless of what Congress decides to do in annual debates over federal spending, is particularly common among financial regulatory agencies. The Federal Reserve, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the National Credit Union Administration, and the Office of the Comptroller of the Currency are all financed outside of the annual appropriations process. So is the CFPB.

Nothing in the Constitution prevents Congress from funding agencies in a variety of ways. Congress could fund an agency through an annual appropriation, or a five-year appropriation, or a 500-year appropriation. It may also authorize the agency to collect fines or fees to fund its operations.

The Constitution does provide that “no money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” But, as the Supreme Court held in Cincinnati Soap Co. v. United States (1937), this provision “means simply that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress.” Thus, if the federal government wants to spend its money, Congress must pass a law permitting it to do so.

 

[g5000]

You got to be fuckin kidding me right?
You are going to argue with my point because of the smallest technicality on the planet?
Grow up, boomer.

You got in way over your head, kid.

 

[g5000]

You are boring.
The whole bureau is unconstitutional. The constitution doesnt give anyone the power to do what they do except for congress.

Congress gave them the power. Congress gives every regulatory agency the power to do what they do.

You clearly have no idea how government works.

Good grief.

 

[The Original Tree]

They write regulations, not laws.

You seem to be completely unaware that many, many, many other regulatory agencies do the same thing.

You clearly have no idea how government works.

Good grief.

Regulations that are tied to punitive measures are in fact laws if The Government imposes any penalties at all.

 

[berg80]

You are boring.
The whole bureau is unconstitutional. The constitution doesnt give anyone the power to do what they do except for congress.

In July 2010, Congress passed and President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act. The law – often referred to as the Dodd-Frank Act – created the Consumer Financial Protection Bureau (the CFPB).

Anything else?

 

[TNHarley]

You got in way over your head, kid.

No, you are just being a stubborn jackass. I know exactly what i speak of.

 

[g5000]

No, you are just being a stubborn jackass. I know exactly what i speak of.

You clearly don't.

Explain exactly how CFPB differs from every other regulatory agency which makes it unconstitutional.

Good luck with that.

 

[Bootney Lee Farnsworth]

Where did you get the silly idea the CFPB creates federal laws?

That's not the issue.

Congress cannot delegate its spending powers to an agency. UNCONSTITUTIONAL!

And passing spending bills is passing laws. It's the same process. Same responsibility.

 

[BlindBoo]

You are boring.
The whole bureau is unconstitutional. The constitution doesnt give anyone the power to do what they do except for congress.

Good thing Congress created them huh?

 

[g5000]

That's not the issue.

Congress cannot delegate its spending powers to an agency. UNCONSTITUTIONAL!

The issue is how the CFPB is funded, dumbass.

Hey, guess how the FDIC is funded!

Both agencies are funded by means which are of no cost to taxpayers. No appropriations from Congress.

 

[TNHarley]

You clearly don't.

Explain exactly how CFPB differs from every other regulatory agency which makes it unconstitutional.

Good luck with that.

They arent different.

 

[Foxfyre]

America’s Trumpiest court just declared an entire federal agency unconstitutional

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.”
https://www.vox.com/policy-and-poli...rcuit-supreme-court-trump-community-financial

Repubs have had a hardon for the CFPB ever since its inception. Apparently they hate consumer protections because it keeps their corporate masters from ripping off citizens.

With Republican rise, payday loan companies became a potent political force. Cash-strapped Tennesseans pay the price.​

With Republican rise, payday loan companies became a potent political force. Cash-strapped Tennesseans pay the price.

Kiyadh Burt lending analyst with Hope Policy Institute. NASHVILLE– For years, Carlos Restrepo operated a small trucking business in Nashville– until his insurance rates unexpectedly increased. After defaulting on the loan, Advance Financial sued him, and according to court documents, he will pay...

insurancenewsnet.com

The 5th Circuit correctly ruled against the unconstitutional aspects of the CFBP, created in the Obama era and given unprecedented powers to regulate outside of government oversight and authority. And has it not only failed to protect consumers in many cases, it has also been heavy handed, destructive, and discriminatory in his application of its own rules and regs. It will likely go to SCOTUS for a final ruling, but I suspect the high court will uphold the 5th Circuit in this one.

". . .Its funding comes not from congressional appropriations but from the Federal Reserve, which is to supply whatever the director requests up to a certain amount;

It is headed by a single director appointed for a fixed term of five years who may not be fired by the president except for “cause,” such as dereliction of duty or malfeasance; and

The courts are required to give extra deference to the CFPB’s decisions in some cases. . ."

Further. . .
". . .Consumers have actually been harmed by CFPB rules. This is because it was set up with a one-size-fits-all mentality at its core. It was empowered to create rules that would apply to financial products in every case, based on the false premise that a government agency can design the appropriate financial products for a large and diverse society. This has denied many consumers access to useful, money-saving products. Consumer protection is ill-served if consumers are “protected” from getting access to products that suit their individual circumstances, or are forced to pay more for a less desirable financial product. . ."

The Case against the Consumer Financial Protection Bureau - Competitive Enterprise Institute

The CFPB was meant to protect American pocketbooks and property. But the unconstitutionally structured agency is harmful to consumers.

cei.org

 

[Couchpotato]

You clearly don't.

Explain exactly how CFPB differs from every other regulatory agency which makes it unconstitutional.

Good luck with that.

You can make a good argument that most of these Federal Agencies are unconstitutional. It's an abdication of power vested in the Congress by the Constitution to the Executive. Something the founders were clearly trying to prevent. The biggest issue being that once created these agencies grow and their "regulatory power" which is basically just them passing legislation (or at least has the same effect) grows and far out strips the scope that the Congress granted them in the first place. The EPA just got smacked down in court for that 4-5 months ago?

 

[g5000]

The Office of the Comptroller of the Currency is also not funded by Congressional appropriations.

Damn it!

 

[g5000]

The banks which brought down the world in 2008 really, really hate the CFPB.

Think about where this opposition is coming from that you are parroting, folks. Think about their motives.

 

[BlindBoo]

"To protect it from political influence though, the bureau receives its funding from the Federal Reserve, not Congress. It was that part of its structure that the court said violates the Constitution.

"While the great majority of executive agencies rely on annual appropriations for funding, the Bureau does not," the judges wrote. "Wherever the line between a constitutionally and unconstitutionally funded agency may be, this unprecedented arrangement crosses it."

Peterson says the CFPB is not unique as an agency that does not receive its annual funding determined by Congress — the Federal Reserve and the Federal Deposit Insurance Corporation both are funded in other ways.

In a statement, the CFPB said "there is nothing novel or unusual about Congress's decision to fund the CFPB outside of annual spending bills." A bureau spokesperson said Medicare and Social Security are funded outside of the annual appropriations process. The agency says it will, "continue to carry out its vital work enforcing the laws of the nation and protecting American consumers."

Appeals court says financial watchdog agency CFPB's structure is unconstitutional

Three federal appeals court judges appointed by President Trump have ruled that the funding structure of the Consumer Financial Protection Bureau is unconstitutional.

www.npr.org

 

[TNHarley]

Nowhere does the constitution say congress can delegate one of the few things it can do, away. Nowhere.
Laws and regulations are for Congress, and Congress alone.
They literally delegate their responsibility away while a bunch of unelected bureaucrats erode our liberty and you cuck mother fuckers bend over and just accept it.
I bet you jerk off to real men banging your women, too, huh?

 

[TNHarley]

You federal supremacists always talk about "muh democracy" when bureaucrats are the antithesis of it.
You people are so fucking stupid