Senators Mike Johanns (R-Ne.), Lamar Alexander (R-Tn.) and John Cornyn (R-Tx.) on Thursday introduced legislation prohibiting the National Labor Relations Board (NLRB) and Consumer Financial Protection Bureau (CFPB) from enforcing or implementing decisions and regulations without a constitutionally confirmed board or director.
Senator Johanns said, "These agencies have been operating under a ruse for more than a year. Any decisions or regulations made by the people who have no right to be there are invalid. This legislation forces them to stop functioning as if they legitimately hold office and recognize the reality that the President overstepped his constitutional authority."
Senator Alexander said, “If they won’t take down their ‘Open for Business’ sign and put up one that says ‘Help Wanted,' then the Senate will. The President created this problem but the Constitution provides him with a way to fix it—send the Senate acceptable nominees to fill these important positions.”
Senator Cornyn said, “American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers. We refuse to stand by as this President arrogantly casts aside our Constitution and defies the will of the American people under the guise of defending them.”
The Restoring the Constitutional Balance of Power Act of 2013 prohibits NLRB from undertaking or enforcing any decisions that required the approval of a quorum of board members since the President’s overreach. The legislation also blocks CFPB's next transfer of funds from the Federal Reserve to carry out any actions that require the approval of a director.
The D.C. Circuit Court of Appeals ruled that President Obama violated the Constitution when he made these invalid appointments to NLRB without confirmation by the Senate. He took the same unconstitutional actions with Richard Cordray, who has been illegitimately serving as CFPB Director under the same circumstances.
A copy of the legislation is available here.