Everything About the CFPB Is Unconstitutional

As our massive federal government continues its perpetual massive expansion?

DC’s business model becomes ever more apparent.

Big Gov increasingly dominates the once-private sector.

Its massive taxes and regulations destroy more and more small business participants - to the delight of Big Businesses.

Because why compete privately - when you can contribute politically?

Lather, rinse, repeat….

Until we’re all stuck with just a few huge Big Businesses - in crony harmonic convergence with Big Government.

Big Business Loves Big Government: Cronyism in American Politics

DC’s business model has worked magnificently for the Big Banks.

Fifteen years ago, Big Banks eviscerated the global economy.

Banks Nearly Took Down the Economy in 2008

Big Gov - then bailed out the Big Banks.  And we mean - HUGE.

The Size of the Bank Bailout: $29 Trillion

That’s a lot.  But even that titanic handout - apparently wasn’t enough of a handout.

Big Gov in 2011 gave the Big Banks the woefully misnamed “Dodd-Frank Wall Street Reform and Consumer Protection Act.”

Big Gov told us Dodd-Frank would end “Too Big to Fail.” 

And if you ask the incredibly self-serving “Bank Policy Institute” - it did….

Yes, the Dodd-Frank Act Ended ‘Too Big to Fail’

Except, of course, it did exactly the opposite.

How Dodd-Frank Doubles Down on 'Too Big to Fail'

Small banks were razed….

How Dodd-Frank Kills Small Banks And Chokes The U.S. Economy

Killing Off Community Banks: Intended Consequence of Dodd-Frank

Meanwhile, less than two years into Dodd-Frank….

Giant Banks Now 30% Bigger than When Dodd-Frank Financial ‘Reform’ Law Was Passed

Perhaps the worst portion of Dodd-Frank - was the creation of the Consumer Financial Protection Bureau (CFPB).

Which is perhaps the most massive of the Dodd-Frank regulatory impositions on the bank sector.

Oh - and the CFPB is totally unconstitutional.  Because it purports to be an “independent agency.”

DC's 'Independent Agency' Scam:

“The Constitution stipulates the federal government is a game of three players - and only three players: The Legislative, Executive and Judicial Branches - Articles I, II and III.  That’s it - that’s the list.

“Except over many decades of accrued sclerosis, DC has affixed an ever-growing gaggle of unconstitutional barnacles upon the Ship of State: The “independent agencies.”

“Except per the Constitution - there is no such thing as an “independent agency.”  Every federal entity has to exist within one of the three aforementioned branches.

“This is DC - illegally outsourcing responsibility and accountability….

“DC is rife with ‘independent agencies’ - wielding WAY too much power:

“‘The Bureau of Consumer Financial Protection (CFPB) is an independent bureau within the Federal Reserve System….’

“Get that?  That’s an illegal ‘independent agency’ - within another illegal ‘independent agency.’  Exponential unconstitutionality.”


The CFPB Is Unconstitutional

In 2020, the Supreme Court agreed…:

“Writing for a 5-4 majority, Chief Justice John Roberts ruled that the CFPB structure - ‘an independent agency that wields significant executive power and is run by a single individual who cannot be removed by the President unless certain statutory criteria are met’ - violates the Constitution’s separation of powers.”

Indeed it does.  And that should have been the end of the CFPB.

But this is DC - so…:

“Choosing ‘a scalpel rather than a bulldozer,’ the Court did not invalidate the CFPB.”

Translation: The Justices warped the Constitution - to maintain the CFPB’s warping of the Constitution.

Because in DC - nothing ever dies.  Except our hopes and dreams.

So the CFPB’s very existence - is unconstitutional.  How it’s funded - is also unconstitutional.

Congress Should Fund the Consumer Financial Protection Bureau:

“Instead of relying on Congress, it (receives) an annual budget from the Fed(eral Reserve)."

Except EVERYTHING federal government - must be funded by Congress.  Per the Constitution:

“The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the U.S. Constitution.

“The clause says that all bills for raising revenue must start in the U.S. House of Representatives, but the U.S. Senate may propose or concur with amendments, as in the case of other bills.”

The unconstitutional, “independent” Federal Reserve - is quite obviously not Congress.

The Justices are about to take a look at this….

Supreme Court Case May Gut the CFPB:

“The plaintiff alleges CFPB funding is unconstitutional because it’s not subject to annual appropriations from Congress.”

The Court already had one chance to gut the CFPB - and unconstitutionally punted.

Well, we’ve already demonstrated that the CFPB’s funding is unconstitutional.

So - you’re welcome, Justices.

Except: That’s not how I think the case will play out.

Methinks the Justices will replicate the ridiculous end result of their first ridiculous CFPB ruling.

They will rightly deem the CFPB’s funding unconstitutional.

They will then find an unconstitutional way to pretend the CFPB can continue its funding - just as currently constituted.

Because this is DC.

Where nothing ever dies.

Except our hoped and dreams.

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  • Seton Motley