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.

Chattanooga Chamber Presents Calendar Of Events For Oct. 24-28

MON/24 2016  Want to Bid on a Contract? Get the Right Certification 9 a.m. –  Noon INCubator: 100 Cherokee Blvd. Part of Chattanooga Minority Enterprise Development Week, this event is geared toward businesses owned by minorities, women, veterans, service-disabled veterans, and other small business owners.  ... (click for more)

Report Highlights Effect Of Pro Bono Legal Services

The Tennessee Supreme Court’s Access to Justice Commission’s released annual report shows Tennessee attorneys are donating more than 500,000 hours of their time annually worth more than $100 million.  For the calendar year 2014, nearly half of all attorneys reported doing some kind of pro bono work. The report shows 7,615 attorneys practicing in Tennessee provided 568,170 ... (click for more)

Fire Displaces Family Of 7; Blaze Ruled Accidental

No injuries were reported in connection with a house fire on Saturday afternoon that displaced a family of seven. The Chattanooga Fire Department received the alarm at 4:11 p.m. and responded to 3308 Dodson Ave. with five fire companies. Captain Wadie Suttles with Engine 4 said heavy fire was showing when the first firefighters arrived on the scene. As additional firefighters ... (click for more)

Clarence Ross, Leshawn Witherow Shot On Walden Avenue Friday Afternoon

Chattanooga Police are investigating a shooting that happened early Friday afternoon at the 6300 block of Walden Avenue.  Clarence Ross, 41, And Leshawn Witherow, 40, suffered non-life threatening injuries.  Hamilton County EMS transported both victims to a local hospital for treatment.  There is no suspect information at this time.  Investigators with ... (click for more)

Where Is The Speed Control On Our Highways? - And Response (2)

I am teaching my 15-year-old to drive in the North Georgia and Chattanooga area. I have warned her of the dangers of exceeding the speed limit both as a hazard to herself and in terms of receiving a ticket. What a liar I am.  Have you driven on the local freeways and highways recently? I never see any highway patrolmen helping to reduce speeding or pulling over those who ... (click for more)

Roy Exum: A Vol Is Worth $521,854

The definition for the term “fair market value,” this from the IRS tax code, “is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” So a recent article in Business Insider has just revealed a University of Tennessee scholarship ... (click for more)