Johanns, Alexander, Cornyn File Bill Stopping Unconstitutional NLRB, CFPB Actions

Thursday, January 31, 2013

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.


Scam Phone Calls Continue; IRS Identifies Five Easy Ways To Spot Suspicious Calls

The Internal Revenue Service issued a consumer alert today providing taxpayers with additional tips to protect themselves from telephone scam artists calling and pretending to be with the IRS.   These callers may demand money or may say you have a refund due and try to trick you into sharing private information. These con artists can sound convincing when they call. They ... (click for more)

CBL & Associates Properties To Pay Common And Preferred Stock Dividends

CBL & Associates Properties, Inc. Thursday announced that its Board of Directors has declared a quarterly cash dividend for the company’s Common Stock of $0.245 per share for the quarter ending Sept. 30. The dividend is payable on Oct. 15 to shareholders of record as of Sept. 30. The Board also declared a quarterly cash dividend of $0.4609375 per depositary share for the ... (click for more)

Bradley, 24, Charged In Death Of Boy, 3; Child Had Numerous Injuries After Left With Boyfriend; Mother Was In Workhouse

Justin Dale Bradley has been charged with criminal homicide in the death of a three-year-old child, who was rushed to the hospital on Wednesday and later died. Police said Dakota James Arndt had numerous injuries over his body. Authorities said Bradley, 24, is the boyfriend of the child's mother, Brianna Kwekel, who was in the Workhouse at the time. Ms. Kwekel was serving 48 ... (click for more)

Helen Burns Sharp Asks Recovery Of Legal Fees In Successful Black Creek TIF Lawsuit

Helen Burns Sharp, citizen activist who sued to try to stop a $9 million Black Creek Tax Increment Financing (TIF) and won, is seeking to have her legal expenses paid by the city and the developers. Ms. Sharp said in a court filing that her legal bills to attorney John Konvalinka are $74,427 thus far. Chancellor Frank Brown ruled in favor of Ms. Sharp, saying the Sunshine ... (click for more)

The Many Lessons I Learned From Helen McDonald Exum

Helen McDonald Exum was my friend and mentor. As I think of her passing I can only imagine the celebration that is happening in heaven as the news of her arrival is being told. I am sure that there is a party that not only has she organized but that there is not a detail that has been left to chance. I am sure that it is the grandest of events, for you see, she has been planing ... (click for more)

Insurance Burden Should Not Fall On The Teachers

I have attended several Hamilton County School Board meetings over the past few months, including the recent special called meeting" to vote on teacher insurance changes. First, let me say I am very impressed with Superintendent Rick Smith and his staff at the Central Office.  Mr. Smith is a very dedicated public servant, working hard to provide services to our community ... (click for more)