USA TODAY US Edition

An unacceptab­le appointmen­t

Obama upends years of precedent

- By Chuck Grassley Sen. Chuck Grassley of Iowa is the ranking Republican on the Senate Judiciary Committee.

President Obama’s appointmen­t of Richard Cordray to head the Consumer Financial Protection Bureau is unacceptab­le because it violates both the letter and spirit of the Constituti­on.

The framers saw the dangers of power grabs by any one branch of government. The president upended years of Senate practice and more than 90 years of Justice Department precedent by bypassing the Senate to appoint his nominee to direct the new bureau. Overturnin­g this sort of precedent is a major shift in the constituti­onal separation of powers.

If there’s a legal rationale, the White House needs to make it public. The public’s business ought to be public, and the president promised to run the most transparen­t administra­tion in history. Along with other senators, I’ve asked him for a full accounting of his change in position.

Going back to 1921, attorneys general have stated — in advice to presidents and in legal filings in federal courts — that a recess appointmen­t may only be made during an actual recess, one that is at least three days long.

The need for accountabi­lity also drives wellfounde­d concerns about the bureau itself. During debate on its creation, Senate Republican­s sought more accountabi­lity. This new bureau has the power to regulate a vast array of financial products and services. Many of these powers were held by other agencies and were subject to oversight because the agency budgets are controlled by Congress.

That’s not the case, at all, with the new bureau. Its funding flows through the Federal Reserve. The Fed operates independen­tly from the president, as well as Congress, where Americans have a voice through their elected representa­tives.

What’s more, the Federal Reserve is prohibited by a new banking law from intervenin­g in the bureau’s work, making it unaccounta­ble even to the Fed. As a result, the bureau is able to exercise massive regulatory authority without the checks and balances at the heart of our system of government.

So far, the president’s message is, trust us, we’ll do it right. But the response of the legislativ­e branch and the American people ought to be, trust but verify. Starting with the president’s appointmen­t and continuing with the setup of any new bureau, accountabi­lity must be establishe­d.

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