Daily Archives: January 16, 2017

Why Trump can’t fire CFPB head Cordray: CFPB is an independent agency

Republicans are putting a great deal of pressure on President-elect Donald Trump to fire Richard Cordray, director of the Consumer Financial Protection Bureau. He should resist that pressure. Any effort to discharge Cordray would be illegal — and it might even precipitate something close to a constitutional crisis.

Here’s the legal background. Most federal agencies count as “executive,” meaning that their heads serve at the pleasure of the president. But some agencies are “independent” — meaning that by law, the people in charge of them can be removed only for good cause, which Congress often specifies to mean “inefficiency, neglect of duty, or malfeasance in office.”

The Federal Reserve Board, the Federal Trade Commission and the Federal Communications Commission are independent agencies — and so is the CFPB. Under the law, Cordray’s five-year term extends until July 2018.

Both Republican and Democratic presidents have not loved the idea of independent agencies, operating outside of their daily control. But in 1935, the Supreme Court unanimously agreed that the Constitution gives Congress the power to create such entities.  The court has stuck with that position ever since — and for decades no president has even tried to remove the heads of independent agencies.

To be sure, some people believe that the 1935 decision was wrong. Suppose President Trump shares that belief and asserts his authority to fire Cordray. On the day of his removal, Cordray would be within his rights to go to court to seek a judgment that the president acted beyond his constitutional authority.

Read on.

This MLK and Malcolm X quote sum up the rise of white supremacy Post-Trump

 

Eerily prophetic…

From Malcolm X on Barry Goldwater…

 

Huffington Post:

On July 16, 1964, King released a statement on the Republican presidential nomination of Barry Goldwater. Goldwater had run a campaign based on a new kind of conservatism that was staunchly against civil rights reform and implicitly pro-white. Goldwater concerned King, who felt the candidate legitimized and incited an uptick of white supremacist ideology in the Republican party.

“It was both unfortunate and disastrous that the Republican Party nominated Barry Goldwater as its candidate for President of the United States,” King declared, warning of Goldwater’s “trigger-happy attitude that could plunge the whole world into the dark abyss of annihilation.” His thoughts on Goldwater’s stance on race and civil rights are equally striking.

King stated:

The Republican Party geared its appeal and program to racism, reaction, and extremism…On the urgent issue of civil rights, Senator Goldwater represents a philosophy that is morally indefensible and socially suicidal.While not himself a racist, Mr. Goldwater articulates a philosophy which gives aid and comfort to the racist. His candidacy and philosophy would serve as an umbrella under which extremists of all stripes would stand. In the light of these facts and because of my love for America, I have no alternative but to urge every Negro and white person of goodwill to vote against Mr. Goldwater and to withdraw support from any Republican candidate that does not publicly disassociate himself from Senator Goldwater and his philosophy.”