Decatur, Ala. | Wednesday, May 16, 2012
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Editorial
Shelby’s amusing complaint

Within minutes of President Barack Obama's recess appointment of Richard Cordray as the head of the Bureau of Consumer Financial Protection, U.S. Sen. Richard Shelby, R-Tuscaloosa, shot out a news release titled, "Shelby responds to Obama end run of Congress."

It was a predicable response from the man who forced Obama to push the legal limits of recess appointments.

Congress passed the law creating the Bureau of Consumer Financial Protection. Shelby did his best to prevent the law's passage. If he had the votes to do so, he would repeal the law.

He does not have the votes, though, so he has instead spent the months since the law's passage coming up with ways to sabotage it.

Unlike many federal agencies, the Bureau of Financial Protection cannot function without a director. The law requires a director for oversight of non-bank financial firms, such as mortgage originators and payday lenders. Thus, Shelby repeatedly has announced he would oppose Senate confirmation of any director appointed by Obama. He will only support a nomination if Obama agrees to gut the agency in ways that, not incidentally, would benefit Shelby's corporate contributors while harming most of his constituents.

Of course Shelby is part of a Senate minority, which should preclude him from blocking the appointment. No matter. While a majority of senators voted to confirm Cordray, they did not have the 60 votes necessary to end a filibuster.

Such Senate gamesmanship is not without precedent, and was the reason for most of former President George W. Bush's 171 recess appointments.

So Shelby and company further hamstrung Obama by refusing to go into recess. Even when senators are home eating Christmas dinner, a senator residing near Washington swung by every three days to pound the gavel.

Obama's "end run," as Shelby called it, was to make a recess appointment despite the fact that a solitary senator had pounded the gavel in the last three days.

For those keeping score, Obama's one end run compares to three for Shelby. Our senator is using the nomination process to undermine a valid law, using the filibuster to prevent a confirmation vote and using the gavel technique to avoid going into recess.

Possibly of more concern, Shelby is using his considerable skill and seniority not to benefit his millions of working-class constituents who would benefit from the agency, but to benefit those financial contributors who perceive the agency as a threat.

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7 comments on this item

The senate was not out of session. A Bureau Consumer Financial Protection? Who will protect us from this federal agency?

Bureau of Consumer Financial Protection, just another piece of junk government......All this crap agency will do is pick on the businsesses in this country.....Another EPA.......

Amen Judy.

I have several tenants who have wrecked their lives financially by using payday lenders. This agency is a good thing, but I am not surprised that those who are so blinded by hate for the President would oppose it.

This president claims to have been a teacher of constitutional law. So he should know the intent of recess appointments. He had plenty of time in December while he was waiting to go on his $4.5 million Hawaiian vacation to make four appointments. To make them without being vetted by the Senate is to purposefully bypass the intent of the Constitution. He claims we couldn't wait, on an agency that never existed before? This is the stuff of tyranny and he needs to be impeached.

This is more than "amusing," a word the Daily likes to use, when they want to criticize, when they either don't know enough about a subject, or it goes against their pre-conceived "truth." In this case instead of putting down our distinguished senator, they should be concerned about Obama who is trashing the Constitution.....

Speaking of payday lenders, if Obama keeps going bankrupting the country, they may become the only way to finance the national debt.....

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