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Showing posts with label CFPB. Show all posts
Showing posts with label CFPB. Show all posts

Saturday, October 26, 2019

Re-visiting the Consumer Financial Protection Bureau



Many in the Cleveland Tea Party became aware of the mis-named Consumer Financial Protection Bureau when Ohio’s Richard Cordray was appointed as the Bureau’s first Director in 2012. I was hoping that President Trump would find a way to eliminate this agency, since it is not accountable to Congress or the Executive branch. This agency is now back in the news, since Elizabeth Warren has a chance at becoming the Democrat Party’s nominee for President. Lloyd Billingsley at Front Page Magazine has an update:

As announced this month, the U.S. Supreme Court will hear Seila Law v. Consumer Financial Protection Bureau. The case involves constitutional issues such as the separation of powers, but there’s a lot more going with this agency. As Judicial Fortitude author Peter J. Wallison notes, the CFPB is “the brainchild of Sen. Elizabeth Warren,” and that makes a case for closer examination.

Her claims to Cherokee ancestry have been exposed as a fraud, yet Warren remains a leading contender for the Democrat nomination for president. In her 2014 A Fighting Chance, Warren maintained the fake Cherokee claims and also billed herself as an economic expert.

Nobody in this country “got rich on his own,” she explains. Rather, “you moved goods on the roads the rest of us paid for” and used workers “the rest of us paid to educate.” You were safe in your factory “because of police and fire forces the rest of us paid for.” And so on, the same Big Brother view as POTUS 44. If people are in financial distress, Warren blames their problems on the banking industry, portrayed as the flywheel of capitalist greed and trickery. That view comes across in the structure of the CFPB.

As Wallison notes, the CFPB was given plenary authority to enforce all federal laws that apply to financial transactions with consumers, and more. CFPB power was “broadened beyond existing laws” to take enforcement action on any action it finds “unfair, deceptive, or abusive.” Since “abusive” is not defined, this served up “a vast field for the agency to define and pursue.” Wallison finds this a “dangerous step in support of an even more powerful and uncontrolled administrative state.”

For example, the CFPB director gets a five-year term fully protected from removal by the president other than for “inefficiency, neglect of duty, or malfeasance.” This places the director outside the control of the president, “whose ability to pursue the policies he was elected to implement depends crucially on the ability to remove and replace the senior officials of executive agencies.” Trump nominee Brett Kavanaugh is already on record that the CFPB director is the most powerful person in the federal government, aside from the president. And it gets worse.

The CFPB gets funding not from Congress but the Federal Reserve, and the money comes at the request of the CFPB director. And under the enabling Dodd-Frank legislation, the Fed has “no ability to affect the agency’s actions.” So Warren’s CFPB is beyond the control of Congress, and if the Supreme Court upholds the status quo, “it would be possible for Congress to create other agencies that are beyond the control of any elected body.”
. . .

The full article is here. Scary stuff.
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Wednesday, November 15, 2017

Cordray, the CFPB, and Ohio Governor Ohio race

Bob Gorrell cartoon credit: ww: ff.org

If this report is confirmed, it’s a start. From Kemberlee Kaye at Legal Insurrection:

Richard Cordray, an Obama appointee and head of the Consumer Financial Protection Bureau (CFPB) announced to staff in an email Wednesday his plans to resign. While he’s yet to confirm his plans, there’s speculation Cordray will return home to run for Ohio’s governorship.

The CFPB functions as, “a regulator set up in response to the 2008 financial crisis to police mortgages, credit cards and other financial products,” and was the brainchild of Massachusetts Democrat Senator Elizabeth Warren.

Unlike other agencies, due to the unique circumstanced through which the CFPB was created (was part of Dodd-Frank in 2010), Cordray answered to no one. As the bureau’s director, Cordray controlled the budget (other federal entities are subject to Congressional budget allocation), and was subject to no term limits.

“We are long overdue for new leadership at the CFPB, a [rogue] agency that has done more [to] hurt consumers than help them. The extreme overregulation it imposes on our economy leads to higher costs and less access to financial products and services, particularly for Americans with lower incomes,” said House Financial Services Chairman Jeb Hensarling, a Republican from Texas.

“Overdue for new leadership at the CFPB” at the CFPB? Sen. Hensarling, wouldn’t it be better to eliminate the “rogue agency” altogether?

Full report is here.
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Tuesday, January 10, 2012

Cordray CFPB Appointment Biggest Government Power Grab Since ObamaCare

FOR IMMEDIATE RELEASE


Contact: Ralph King / TPP State Co-Coordinator
                     Clevelandteaparty@gmail.com


January 9, 2012


Cordray CFPB Appointment Biggest Government Power Grab Since ObamaCare

“Consumer Protection” Czar Not Accountable to Congress or the People

Washington, DC – The Tea Party Patriots, the nation’s largest tea party organization, today sounded the alarm bell over the Obama Administration’s naming of Rich Cordray as Czar of the Consumer Financial Protection Bureau (CFPB), an action which, according to Investor’s Business Daily “has crossed over from socialistic extremism into lawlessness and, perhaps, impeachability.”

“The White House has usurped the power of the Senate by naming Rich Cordray as Czar of a new government bureaucracy that itself usurps the power of Congress,” said Jenny Beth Martin, National Coordinator of Tea Party Patriots.  “Worse, President Obama made this appointment – and two appointments to the National Labor Relations Board (NLRB) – without so much as a criminal or conflict-of-interest background check.”

As reported at WSJ.com, the CFPB is “the most powerful regulatory bureau in our history, it’s totally unaccountable to Congress, it sets its own budget and it is already, by the way, having a chilling effect” on America’s free market system.

“Congress has no power over the CFPB’s budget, and the Senate’s power has just been usurped by this so-called ‘recess’ appointment of Czar Rich Cordray and two unvetted members of the NLRB,” said Martin.  “It’s time for Congress and the Senate to do their jobs – and restore power to the people they were elected to represent.

“It’s time to stop the assaults on America’s Constitution and free market system, and to stand up for the American people – whose voices should be expressed through the Congress and the Senate.”

Tea Party Patriots is a national grassroots coalition with more than 3,400 locally organized chapters and more than 15 million supporters nationwide.  Tea Party Patriots is a non-profit, non-partisan organization dedicated to promoting the principles of fiscal responsibility, constitutionally limited government, and free markets.  Visit Tea Party Patriots online at www.TeaPartyPatriots.org.

Friday, January 6, 2012

Tea Party Patriots (OH) statement on Cordray appointment to CFPB

FOR IMMEDIATE RELEASE

January 5, 2011

Contact: Marianne Gasiecki
              State Co-Coordinator
              (419)961-4439

 I Will Obey the Constitution of the United States

Ohio - January 5, 2012 - "This is part of the whole theory of George Bush that he can make laws as he is going along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States."  That's what candidate Barack Obama said in 2008. Apparently, he was kidding.
 
According to our Constitution, Congress must remain adjourned for at least three days before the adjournment constitutes a "recess" for the purposes of recess appointment power.   The House and Senate both met the day before Obama's appointment, and have held pro-forma meetings every three days since before Christmas, as Democrats did during the Bush administration to prevent the president from making recess appointments.  Additionally, neither chamber passed an adjournment resolution in December.
 
Tea Party groups in Ohio had asked Senator Portman to be more vocal against the Cordray appointment, as well as the Consumer Finance Protection Board, but his response to this appointment yesterday was "this is not about Rich Cordray, who I believe is a good public servant..." 
 
"If Cordray is such a "good public servant" as Portman claims, Cordray would refuse this appointment based on the manner in which it was done and how the department itself violates the Constitution.  For many Tea Party people, that would be a good public servant," said Ralph King, State Co-coordinator and Co-Founder of the Cleveland Tea Party Patriots.
 
Regardless of who's appointed, and how, the CFPB has the power to interfere with every consumer financial transaction in the economy. It is housed in the Federal Reserve and funded out of Fed operations, therefore creating a governing entity in and of itself, and avoiding congressional oversight.
 
"This President is ignoring the separation of powers in the Constitution by ignoring Congress.  He is dictating what he believes is best for the country and boasting about it while in Shaker Hieghts this week when saying he has an 'obligation as President to do what I can without them (meaning Congress).'  This president has no intention of obeying the Constitution, and has done everything to create a governing entity outside of the Constitution.  Everyone should be concerned about one man who believes he can wield that much power, on his own, without the consent of our elected representatives," said Marianne Gasiecki, State Co-coordinator and Founder of the Mansfield Tea Party.
 
It is critical that the Senate does not confirm this recess appointment.  According to another statement issued by Senator Portman, a 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.
 
*Ralph King - State Co-coordinator Tea Party Patriots
*Marianne Gasiecki - State Co-coordinator Tea Party Patriots*
 
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