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.


CBL & Associates Declares Common Stock Dividend And Preferred Stock Dividend

CBL & Associates Properties, Inc. on Friday announced that its Board of Directors has declared a quarterly cash dividend for the company’s Common Stock of $0.265 per share for the quarter ending March 31. The dividend is payable on April 17 to shareholders of record as of March 30.  The Board also declared a quarterly cash dividend of $0.4609375 per depositary share ... (click for more)

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Covenant Transport, Inc. will pay $30,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced Friday.   The EEOC’s suit had charged that Covenant discriminated against an applicant for a commercial truck driver position on the basis of his disability. Covenant conditionally ... (click for more)

Dallas Bay Firefighters Save Home After Kitchen Fire, But 2 Dogs Die

Dallas Bay firefighters saved a home from burning to the ground on Saturday afternoon. Around 1 p.m., the homeowner called 911 reporting a house fire located at 1856 Cotter Road. Dallas Bay Volunteer Fire Department responded and arrived on the scene reporting heavy smoke pouring out the front door. Dallas Bay VFD requested a mutual aid response for Red Bank Fire Department ... (click for more)

Man, 39, Shot Late Friday Night In The Vicinity Of North Chamberlain Avenue

Police said a 39-year-old man was shot late Friday night in the vicinity of North Chamberlain Avenue.   He was identified as Ruben Williams Sr.   Officers with the Chattanooga Police Department were informed just before midnight that a shooting victim arrived at a local hospital via personal vehicle.   Officers made contact with the victim who advised ... (click for more)

CVB Should Share Financials With The Home Folks

The recent debate over the Convention and Visitor's Bureau's funding and budget has gotten ugly. A Hamilton County commissioner has asked questions and made comments about the CVB. The director of the CVB has organized a campaign to dismiss the commissioner's questions and comments. The children on the playground are choosing sides and nothing useful seems to be happening. It's ... (click for more)

Roy Exum: Trump's Latest Delight

I was quite amused this week when Donald Trump’s administration “locked out” several news organizations from the daily press briefings at the White House. The reason I loved it because in the 50 years I have spent in the news business, I have been locked out of press conferences, too. To be truthful, I am a longtime veteran of a bunch of “you versus me” squabbles and, if I do say, ... (click for more)