In
the wake of a DC Circuit opinion striking down the presidential recess
appointments to NLRB members .Senators Mike Johanns (R-Neb.), Lamar Alexander
(R-Tenn.) and John Cornyn (R-Texas) introduced legislation prohibiting the NLRB
and the Consumer Financial Protection
Bureau (CFPB) from enforcing or implementing decisions and regulations without
a constitutionally confirmed board or director. Richard Cordrey, CFPC Director,
is also a presidential recess appointment whose appointment is being challenged
in a federal court action. The Restoring
the Constitutional Balance of Power Act
also blocks the CFPB's next transfer of funds from the Federal Reserve
to carry out any actions that require the approval of a CFPB Director. The
funding is automatically restored when the Senate confirms a CFPB Director.
Noting
that the agencies have been
operating under a ruse for more than a year, Senator Johanns said that any
decisions or regulations made by the people who have no right to be there are
invalid. The legislation forces them to stop functioning as if they
legitimately hold office and recognize the reality that the President
overstepped his constitutional authority, the Senator emphasized. The D.C.
Circuit Court of Appeals ruled that President Obama violated the Constitution
when he made the appointments to NLRB
without confirmation by the Senate. According to the Senators, the President took
the same unconstitutional actions with Richard Cordray, who they maintain has
been illegitimately serving as CFPB Director under the same circumstances.