by: Brent Smith at the Common Constitutionalist
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The Consumer Financial Protection Bureau (CFPB) was created out of the disaster that is Dodd-Frank. Mark Levin claims it is unconstitutional. And if he says it is – it is. It clearly violates the separation of powers in the Constitution.
In fact, in 2016, the DC Circuit Court of Appeals ruled that the mere structure of the CFPB violates Article II of the Constitution, as it gives broad, unchecked authority to a single individual – the director of the Bureau. Writing the majority opinion, Judge Brett Kavanaugh wrote that, “When the CFPB was established, it was structured to be headed by a single director rather than a multi-member commission. The director wields ‘enormous power,’ with the power to enforce 19 federal consumer protection statutes. The director can alone decide what rules to issue, how to enforce the laws, and what sanctions to impose.”
“No head of an independent agency has operated without a check on his or her authority—until now,” added Kavanaugh. It makes the director, radical leftists Richard Cordray, “In essence, the President of Consumer Finance,” and “the single most powerful official in the entire U.S. government, other than the president.”