Monday, February 25, 2013

DC Circuit finds FOR the Constitution and AGAINST Mr. Obama


Barack Obama, in a devastating display of tyranny, bypassed Congress and violated Federal law seeking to cement his government takeover of the nation's entire financial sector. But he also explicitly violated Article II, Section 2, Clause 3 of the U.S. Constitution – which to his surprise, the U.S. Court of Appeals, D.C. Circuit still thinks is in effect.

The Obama Mussolini maneuvers have suffered a setback, it seems. HURRAH!
Friday's decision casts doubt on some 600 hundred decisions the NLRB has made in the past year, ranging from enforcement of collective-bargaining agreements to rulings on the rights of workers to use social media.

The ruling also calls into question the validity of former Ohio attorney general Richard Cordray's recess appointment to head the fledgling Consumer Financial Protection Bureau and the actions taken by the agency during his tenure. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

If Obama's recess appointment of Cordray to the newly created consumer board is also ruled invalid, as seems probable, it could nullify all the regulations the consumer board has issued, many of which affect the mortgage business.

So Obama's setback for abusing the Constitution could be HUGE. The three-judge panel ruled Friday that the president does not have the power to bypass the Senate, so now we are in a happy place. Should the Federal courts persist in finding the Constitution relevant, then these blown appointments will have some major repercussions. The unanimous ruling that Obama violated the Constitution in making three illegal National Labor Relations Board appointments last year could invalidate virtually all the work of the NLRB since.

Likewise, the decision will certainly impact Obama's current "recess" appointment of Richard Cordray to the Consumer Financial Protection Bureau (CFPB) – another illicit appointment made at the same time in the same unconstitutional manner.
Voiding this appointment not only forces Obama's CFPB back to an "uninitiated" state – but any and all the "supervisory actions," rules and regulations it has issued during its busy-body first year of meddling existence as "consumer watchdog" for all financial services industries are INVALID under the law, in terms of jurisdiction and in their effect.

Do-overs, anyone?

The NLRB is a mess, but Obama has just re-nominated Cordray for CFPB – and Obama and THIS nominee need to be stopped!

Obama's hell-spawned new bureaucracy, known as the "Consumer Financial Protection Bureau" (or CFPB for short), is an Orwellian nightmare with sweeping powers to regulate virtually every financial transaction conceivable.
Although Obama managed to sign the CFPB into law during the Pelosi lame duck Democrat majority of 2010 that rammed it through Congress, the agency cooked up by nanny-statist Elizabeth Warren remained relatively harmless unless and until Obama successfully appointed an agency director. As long as no director was nominated by Obama AND confirmed by the Senate, the CFPB remained a part of the Treasury Department, and still subject to congressional and presidential oversight.

But Obama – ever arrogant and impatient "to govern" – refused to wait for Senate confirmation of his nominee. Obama wants what he wants, when he wants it!
So Obama violated the plain meaning of the U.S. Constitution, "deemed" the Senate out of session when it was no such thing, and made an illicit "recess" appointment of one Richard C. Cordray.

The agency immediately transferred to the Federal Reserve for administrative purposes. It promptly became officially unsupervised in unprecedented and malignant fashion. Even in its new quarters, the Federal Reserve has had no real authority over the CFPB. Although the agency is required to make reports to the House and Senate committees assigned nominal oversight, Congress has no direct authority over the operations of the CFPB. ONLY THE EXECUTIVE BRANCH HAS ANY CONTROL OF THE CFPB.

And the lawsuits against Obama's shocking abuses have been grinding their way through the Federal court system ever since…

It was NO accident that the director Obama had chosen was an ideologue extremist who would push the regulatory agenda hard and fast. Richard C. Cordray, an ultra-radical leftwing consumerist from Ohio is well loved by mega-law firms who plunder and profit from government investigations, and is generally thought of as the king of "pay to play" litigation with trial lawyers. Just what America needs "directing" all our financial services transactions.

Cordray WAS awaiting Senate confirmation as LAW AND PRECEDENT demand, but after the Senate balked at "Dear Leader's" first pick and the dangers of the vast and intrusive scope of the Democrat-forced legislation, Obama decided to install his puppet without any Senate confirmation at all. 'Constitution? What Constitution? We don't need no stinkin' Constitution.'

Of course, Obama's overreach is not only a direct violation of the Constitution's separation of powers, our system of checks and balances, and over 100 years of precedence, it is also a direct violation of the law that created CFPB in the first place. 
The bill Obama signed clearly specified that the CFPB director MUST be confirmed by the Senate.

But no matter, dictators don't have to play by the rules, or even follow the strictures of the laws they themselves have crafted, enacted and signed. You know, laws are for the little people.

Obama's statement on his Mussolini Moment:
 "I refuse to take 'No' for an answer. I've said before that I will continue to look for every opportunity to work with Congress to move this country forward. But when Congress refuses to act in a way that hurts our economy and puts people at risk, I have an obligation as president to do what I can without them."

The Consumer Financial Protection Bureau (CFPB) is yet another cog in Obama's wheel grinding America down into Mussolini style fascism, where government controlled industry is the only industry. CFPB is designed to institute and enforce centralized control in our de-centralized, market-based, commercial republic. The problems it is already causing throughout the financial services sector are legion, and it is CERTAIN it will become an intensifying nightmare for private enterprise – but a dream come true for the grasping, faceless Washington apparatchiks who revel in regulating us into poverty and destroying our freedom.

Thankfully, the D.C. Circuit just ruled in favor of the Constitution, and we MUST MAKE SURE OBAMA GETS THE MESSAGE! In America, no man is above the law…

"The CFPB is poised to be one of the least accountable and most powerful agencies in Washington. Created by the deeply flawed Dodd-Frank law, it is subject to none of the checks that independent agencies normally operate under, and will have an unprecedented reach and control over individual consumer decisions," said Senate Minority Leader Mitch McConnell.

The CFPB is the primary moving part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The two corrupt authors of this sanctimonious and suffocating "reform" bill – Chris Dodd and Barney Frank – thankfully have been driven from future Congressional terms by the poisonous record of their nefarious deeds. But their lousy legislation lives on, and MUST BE HALTED!

Obama banked on the conventional wisdom that once this monstrous regulatory agency had been "activated" with the unlawful appointment of a director, this terrible law and its onerous over-regulation would be like the Energizer Bunny, and go on, and on, and on… even if ultimately the Supreme Court ruled his bogus "recess" appointment unconstitutional, there would be NO UNRINGING THE BELL.

We MUST prove him WRONG. Obama is SURE he will NEVER be held accountable for ANY of his crimes against the Constitution.

In the case of CFPB, despite the economic collapse with which we are already confronted, Obama and his faction are happy to have the leviathan CFPB financially crush us little people. And because its director serves a five-year term, that tenure will overlap presidential terms and the director, once ensconced, cannot be removed by the president.

Understand, the "progressive" intent of this rogue law is that the CFPB be an agency created outside the regular constitutional framework and relatively immune to democratic pressures. A virtually independent force, its only senior authority is the Financial Stability Oversight Council, with 10 voting members and five non-voting members, who may vote to stop an action by the CFPB by a minimum of seven of 10 votes.

But NOW we have had the D.C. Circuit confirm what we knew—the only REAL control on unbridled, unchecked Executive branch domination of this agency was its initial confirmation process by the Senate, which Obama unconstitutionally usurped! 

Hence, CFPB went into action in violation of its own statutorily limited powers via an unconfirmed director… and the whole agency initiation is a nullity.

America is still a nation of laws, not men. No tyrants for We the People…

Along with rebuking the overt anti-constitutional actions taken by Obama to activate the CFPB, here is why STOPPING Obama's incessant overreach, this agency and the Cordray nomination are so vital:

The Consumer Financial Protection Bureau (CFPB) loves implementing and enforcing new financial regulations—but they strangle economic recovery, slow growth and cost jobs. The CFPB increasingly serves as the primary regulatory authority over consumer financial products, and nearly every federal consumer financial protection statute – but dangerously answers only to Obama administration insiders. The CFPB polices activities relating to financial products and services, seeking to define, identify and punish "unfair, deceptive, and abusive acts or practices," that it gets to define, and routinely examines large depository institutions, and non-depository entities for compliance with federal consumer financial laws.

The CFPB will become the administrator for the "federal consumer financial laws," which include nearly every existing federal consumer financial statute, as well as new consumer financial protection mandates prescribed by the Dodd-Frank Act, such as the new mortgage loan standards set forth in Title XIV. The "enumerated consumer laws" transferred to the CFPB's authority include:

The Alternative Mortgage Transaction Parity Act of 1982;The Consumer Leasing Act of 1976;The Electronic Fund Transfer Act;The Equal Credit Opportunity Act (ECOA);The Fair Credit Billing Act;The Fair Credit Reporting Act;The Home Owners Protection Act of 1998;The Fair Debt Collection Practices Act;Subsections (b) through (f) of section 43 of the Federal Deposit Insurance Act, requiring disclosure when a depository institution lacks federal deposit insurance;Sections 502 through 509 of the Gramm-Leach-Bliley Act, protecting the disclosure of nonpublic personal information;The Home Mortgage Disclosure Act of 1975;The Home Ownership and Equity Protection Act of 1994;The Real Estate Settlement Procedures Act of 1974 (RESPA);The S.A.F.E. Mortgage Licensing Act of 2008;The Truth in Lending Act (TILA);The Truth in Savings Act;Section 626 of the Omnibus Appropriations Act, 2009, mandating a rulemaking on unfair and deceptive mortgage lending practices; andThe Interstate Land Sales Full Disclosure Act.
The CFPB will further regulate, as covered persons, anyone who engages in offering or providing a consumer financial product or service. Service providers to covered persons, and affiliates of a covered person acting as a service provider, are also under the regulatory authority of the CFPB. A covered person broadly includes all those engaged in virtually any form of consumer-related financial activities. This agency is a monster, a behemoth, a Leviathan – and its reach will be legion… all this strictly under the purview of the executive branch: A totalitarian's dream come true.

No wonder America's Mussolini refused to take "NO" for an answer from We the People, and our elected Representatives in Congress.

But NOW the courts are saying, 'OBAMA, YOU GO TOO FAR'!

Obama, Cordray and the CFPB MUST be stopped. America already teeters on the edge of fiscal ruin. Obama usurpations MUST be halted TODAY.

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