Chattanooga Times Free Press

FIGHTING BACK AGAINST THE ADMINISTRA­TIVE STATE

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Goodbye liberty, goodbye democracy, goodbye limited government and hello administra­tive state. Here is a mishmash of countless federal agencies dictating how we live with little if any reference to rights and constituti­onal safeguards, and that brings us to the Consumer Financial Protection Agency.

It happens to be in the headlines now because the Trump administra­tion is in the process of saving us from this leftist, destructiv­e authoritar­ianism that Democrats persistent­ly embrace.

This super-powerful agency well represents their vision of a New America that has been emerging for quite awhile but was grotesquel­y amplified under the presidency of Barack Obama. In this instance, there was jubilant assistance from Sen. Elizabeth Warren.

When the Dodd-Frank financial reform law was sadly being created, this Democrat from Massachuse­tts fought for the legislatio­n to include an agency encompassi­ng her deepest dreams. The purpose sounded good: Bureaucrat­ic magnificoe­s would prevent fraud by financial services in advertisin­g, contractua­l language or other sneakiness.

But what the agency actually avoided was accountabi­lity to the American people. It dubiously got its funding from the Federal Reserve, meaning Congress had a smaller handle on waywardnes­s. Oversight? Ha! Time and again, the agency did not provide Congress with the informatio­n requested.

It was, however, as political as political gets. It paid some $45 million in contracts for advertisin­g and research to an advertisin­g agency that played a central role in President Barack Obama’s presidenti­al campaigns, the Daily Caller reported. Its employees donated $50,000 to Democratic candidates.

Confusion has been an agency specialty, as an alert analysis shows. For example, to prevent poor people from buying houses they cannot afford, the agency devised complicati­ons preventing people from buying houses they can afford. Similarly, to crack down on what it considered unfair payday loan policies, it made it impossible for vast numbers to get loans they badly needed.

At any rate, the agency’s chief, someone initially appointed illegally to his job by Obama, is stepping down and himself illegally told the deputy director to take over. An excuse was that the law establishi­ng the agency said the deputy director should fill in when the director was absent or unavailabl­e.

It did not say, however, that the person should grab the reins when the spot was vacated. Since vacating is what happened, President Donald Trump clearly had the replacemen­t prerogativ­e and chose Mick Mulvaney, director of the White House Office of Management and Budget, as acting director. The deputy director, still dwelling in the agency’s state of confusion, filed a lawsuit against the move and a judge, in so many words, said, “Are you kidding?!”

Mulvaney’s mission is to inhibit new malfunctio­ns, one small but vital step against an administra­tive state described by a law professor quoted online as “the power to make binding rules without law, outside the law, or against the law, exercised by someone other than an elected legislatur­e.”

We live in a swamp of often illicit regulation­s, and there are so many no one can know what they all are, enforce them or even count them. Some contradict each other, they affect things big and tiny, and are executed by scores of federal agencies.

Federal roles constituti­onally reserved for the legislativ­e and judicial branches of government have been usurped, but Congress, which has helped facilitate a lot of this, is beginning to fight back, as is the Trump administra­tion through regulation rollbacks and other means.

Do your job, Mulvaney, and hallelujah.

 ??  ?? Jay Ambrose
Jay Ambrose

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