Tuesday 16th October 2018

Home » Frontpage » Currently Reading:

Pocahontas And The Deep State

December 11, 2017 Frontpage No Comments

By MIKE MANNO

Until the last few weeks, more people probably knew of the teenaged Indian princess Pocahontas, whom American mythology credits with having saved the life of Captain John Smith in 1607, than knew of the Consumer Financial Protection Bureau. But in a brash and unsuccessful attempt to keep the CFPB under control of the former Obama administration, that all changed overnight.
And, for most people, confusion abounded. But it shouldn’t because it is fairly easy to figure out.
As we all know, the federal government (as well as state and local governments) employs bureaus and agencies to carry out day-to-day activities of government. Most of these agencies are established by an act of Congress (or state legislature, etc.) and are created to carry out a particular function of government. They typically have the ability to draft rules and regulations for their sphere of responsibility that will carry the force of law.
In our government there are essentially two types of these agencies: single executive agencies that are controlled directly by the president, such as a cabinet department; and agencies that are controlled by a panel of executives, sometimes called a board of directors, board of governors, or board of commissioners. While both types of agencies regulate and promote their governmental functions in similar manners, there is a difference between them.
The single executive agencies are controlled directly by the president. The head of the agency can be removed or replaced at whim and the president has the authority to name an acting successor and nominate a permanent successor subject to confirmation by the Senate.
Agencies controlled by a board or commission are considered independent agencies and not subject to direct control by the president. Their commission members are nominated by the president, subject to Senate confirmation for a fixed term in office and cannot be removed except for cause. Their members are usually appointed for staggered terms so that as terms expire, the new president has the option of reappointing or nominating a new commissioner.
Without getting into the weeds, each type of agency ultimately fell under control of the political branches of the government — executive and legislative — and depended on appropriations from Congress to continue its activities.
Anyway, that’s the way it’s supposed to be.
Enter now one Professor Elizabeth Warren, affectionately known as Pocahontas since her high cheekbones led her to believe she was a Cherokee Indian and deserving of special treatment. Now a U.S. senator, Warren bristles at the nickname which was lovingly bestowed on her by her good friend, Donald Trump.
Pocahontas — I mean, of course, Sen. Warren — became an outspoken advocate of strong banking and financial regulations. And while banks and other financial institutions and products are regulated by a myriad of agencies, she proposed a new agency that would crack down on the excesses of banks to prevent them from harming the economy. The idea immediately struck a chord with the Obama administration, which urged Congress to act, which it did.
Originally, it was expected that President Obama would appoint Warren to head the new agency, but Republican senators balked at the idea since they were uncomfortable with her extreme left-leaning beliefs on financial regulations and the structure of the agency was such that the director would be more powerful than nearly all agency heads in the government.
The director, you see, unlike other agency heads, could only be removed for “inefficiency, neglect of duty, or malfeasance in office” and had a budget that came from the Federal Reserve, not subject to congressional approval. In addition, the director was solely able to adopt rules for the financial industry and adjudicate claims against regulated entities and assess fines and penalties.
The powers of the director were so great that the D.C. Circuit Court of Appeals would later write:
“Because the CFPB is an independent agency headed by a single Director and not by a multi-member commission, the Director of the CFPB possesses more unilateral authority — that is, authority to take action on one’s own, subject to no check — than any single commissioner or board member in any other independent agency in the U.S. Government. Indeed…the Director enjoys more unilateral authority than any other officer in any of the three branches of the U.S. Government, other than the President.
“At the same time, the Director of the CFPB possesses enormous power over American business, American consumers, and the overall U.S. economy. The Director unilaterally enforces 19 federal consumer protection statutes, covering everything from home finance to student loans to credit cards to banking practices.
“The Director alone decides what rules to issue; how to enforce, when to enforce, and against whom to enforce the law; and what sanctions and penalties to impose on violators of the law….That combination of power that is massive in scope, concentrated in a single person, and unaccountable to the President triggers the important constitutional question at issue in this case.
“In light of the consistent historical practice under which independent agencies have been headed by multiple commissioners or board members, and in light of the threat to individual liberty posed by a single-Director independent agency, we hold that the CFPB is unconstitutionally structured.”
Since Warren could not receive Senate confirmation, President Obama named Richard Cordray director in January 2012 as a recess appointment. Cordray, a former attorney general and state treasurer of Ohio, was finally approved by the Senate in July of 2013. He suddenly resigned November 24, apparently to begin his campaign for Ohio governor.
But, before resigning, he played a bit of sleight of hand. Citing a provision in the enabling act that “in the absence or unavailability of the Director” the deputy director “shall serve as acting director,” he promoted a close associate of Sen. Warren, Leandra English, as deputy director, replacing the two-year incumbent. Thus upon Cordray’s resignation, English claimed to be acting director until such time that President Trump could get a new director confirmed by the Senate, which, of course, could be delayed many months.
Set one to the Deep State.
But President Trump was up for the game. Since the Federal Vacancies Reform Act of 1998 authorizes the president to appoint acting directors of agencies where Senate confirmation is needed, Mr. Trump quickly served up a CFPB critic, OMB director Mick Mulvaney, as acting director.
The Deep State fought back. English, with the support of Warren and the Democratic leadership of the Senate, filed suit for a declaratory judgment that she was, in fact, the legal acting director of CFPB. Deep-Staters began demonstrating in support of Sen. Warren and thus we found battling acting directors, both of whom claimed authority over the CFPB.
The match, however, went to Mr. Trump when the court ruled in his favor. That won’t end the story, though. The Deep State is still active and has the support of vast numbers of officeholders, federal employees, and average citizens. But, one thing this will allow the Trump administration to do is to re-evaluate the structure and the necessity of the CFPB. And my guess is that as soon as a permanent director is nominated and confirmed, Trump will take a serious look as how the CFPB fits into his economic plan.
Yet the true moral of the story is the extent to which the Deep State — those holdovers from the Obama administration and progressives protected by Civil Service still imbedded in government employment — will go to disrupt the policies of the Trump administration. Watchfulness on the part of all citizens is required.
Oh, by the way, getting back to the real Pocahontas: First Lady Edith Wilson (you all remember Woodrow’s wife), singer Wayne Newton, Admiral Richard E. Byrd, and Former Virginia Gov. and Sen. Harry Byrd are all descendants of the Indian princess. We’ll double check — maybe Elizabeth Warren is too?

Share Button

2017 The Wanderer Printing Co.

Twitter Feed

Load More...

‘Just glad we ruined Kavanaugh’s life’: Pro-abortion Left responds to Supreme Court defeat

WASHINGTON, D.C., October 8, 2018 (LifeSiteNews) – Judge Brett Kavanaugh is now Justice Brett Kavanaugh, and the left-wing forces who pulled out all the stops to defeat him show no signs of cooling down anytime soon. The Senate voted 50-48 on…Continue Reading

Pope selects youth from pro-gay Vatican consultant’s media org to attend Synod

October 8, 2018 (LifeSiteNews) — The four young people from Canada now at the Vatican synod on youth are all from Salt and Light Media. The Toronto-based media outlet is run by Basilian Fr. Thomas Rosica, who is also on…Continue Reading

Youth Synod Archbishop apologizes to young Catholics for sex abuse, ‘unbeautiful liturgies’

ROME, October 4, 2018 (LifeSiteNews) — Archbishop Anthony Fisher of Sydney, Australia, has issued an extensive mea culpa at the Vatican Youth Synod for all the ways in which the hierarchy and members of the Church have failed young people — whether…Continue Reading

Michigan AG seizes Catholic dioceses’ records in sex abuse investigation

(CNN)Michigan authorities have seized records from every Catholic diocese in the state as part of an investigation into possible sexual abuse by clergy, the dioceses said in separate statements released Wednesday. The Archdiocese of Detroit, and dioceses in Gaylord, Grand…Continue Reading

Vatican cardinal reproves US archbishop for criticizing Youth Synod’s working doc

VATICAN CITY, October 1, 2018 (LifeSiteNews) – A second prominent cardinal has publicly rebuked Philadelphia Archbishop Charles Chaput for publishing last week a letter critical of the controversial working document being used at the upcoming Youth Synod in Rome. At a press conference at the Vatican…Continue Reading

Catholic lay leaders: We were wrong about Church, McCarrick on sex abuse crisis

In 2004, Anne Burke went before the City Club of Chicago to say the Catholic Church was beginning “to set things right” by appointing a lay board — which Burke chaired — to address the sex abuse crisis then embroiling…Continue Reading

Protesters demand resignation of Catholic University professor over Kavanaugh tweets

WASHINGTON (RNS) — Demonstrators at the Catholic University of America are calling for the resignation of a dean over tweets he published criticizing a woman who accused Supreme Court nominee Brett Kavanaugh of sexual misconduct. In addition, some demonstrators insisted…Continue Reading

Catholic Magazine Rescinds Endorsement of Brett Kavanaugh to Supreme Court

America, a weekly Roman Catholic magazine published by members of the Jesuit religious order, on Thursday rescinded its endorsement of Brett Kavanaugh after the Senate hearing on an attempted sexual assault accusation leveled against him by Christine Blasey Ford. “Even…Continue Reading

Pedophilia Isn’t The Main Problem With Catholic Priests, Homosexuality Is

The editorial board of the New York Times declared it had identified the source of “The Catholic Church’s Unholy Stain.” It names pedophilia and asks: “How have so many pedophiles been allowed into the priesthood?” The question was purely rhetorical…Continue Reading

A Persecuted Priest Speaks Out

Here is a link to a 10-minute on-camera Church Militant interview with Father Paul Kalchik, the Chicago priest who is now in hiding after being tossed from his parish by Cardinal Blase Cupich. Kalchik lost his position after presiding over…Continue Reading

Cardinal Cupich removes pastor for burning gay flag, wants psych evaluation

September 23, 2018 (LifeSiteNews) – Cardinal Blase Cupich has removed a priest in his archdiocese from his parish in apparent retaliation for his decision to burn a homosexualist “rainbow pride flag” previously used by the parish to promote the homosexual agenda. According…Continue Reading

Opposition grows to controversial deal between Beijing and the Vatican

(CNN)A long-expected, controversial deal between the Chinese government and Catholic leaders in the Vatican has sparked opposition, including inside the Church itself. The provisional agreement, which will see the Vatican recognize the legitimacy of bishops appointed by the Chinese government, comes…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Interview With Cardinal Burke . . . Discriminating Mercy: Defending Christ And His Church With True Love

Cburke3

  By DON FIER (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta and Founder of the Shrine of Our Lady of Guadalupe in La Crosse, Wis., graciously took time out of his busy schedule to grant The Wanderer a wide-ranging interview during a recent visit to the Shrine. Included among the topics…Continue Reading

Developing Lives Of Peace After The Heart Of Mary

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the 32nd Annual Church Teaches Forum, “The Message of Fatima: Peace for the World,” Galt House, Louisville, Ky., July 22, 2017. The address is reprinted here with the kind permission of Cardinal Burke. All rights reserved. This is part one of the…Continue Reading

Catechism

Today . . .

Cardinal Wuerl blasts Viganò testimony as ‘not faithful to the facts’

October 12, 2018 (LifeSiteNews) – Cardinal Donald Wuerl had a few choice words to say regarding Archbishop Carlo Viganò when he was interviewed by a liberal Catholic magazine yesterday. In a long and laudatory article published by America magazine today, the Archbishop Emeritus of Washington, D.C. – and its apostolic administrator until his replacement is named – denied Viganò’s allegation

Pope Francis accepts resignation of Cardinal Donald Wuerl

Pope Francis has accepted the resignation of Cardinal Donald W. Wuerl from the pastoral governance of the Archdiocese of Washington, D.C. By Christopher Wells Cardinal Wuerl had submitted his resignation three years ago, when he turned 75, in accordance with the Code of Canon Law (can. 401 §1). In September, the Cardinal met with Pope Francis and requested that his resignation be accepted. At the time, a spokesman for the Archdiocese of Washington D.C. said…Continue Reading

Recognition of ‘other forms of family’ called for by Youth Synod small group led by Cdl. Cupich

Vatican City, October 11, 2018 (LifeSiteNews) – Fourteen small groups of members of the Synod on Young People, the Faith, and Vocational Discernment discussed the Instrumentum Laboris (IL), or working document, guiding the Synod’s deliberations this week. Divided by language groups, there were four English-language conversations, three French, two Spanish, one German, and one Port

San Diego Catholic leaders demand ‘truthful answers’ from Bishop McElroy on sex abuse scandal

SAN DIEGO, California, September 8, 2018 (LifeSiteNews) — “Acting with urgency and with purpose,” local lay leaders have launched Concerned Catholics of San Diego (CCSD), a grassroots initiative spearheaded by a committee of faithful Catholics whose first order of business is to seek “truthful answers” from San Diego Bishop Robert W. McElroy about the sex-abuse crisis. “The Catholic Church, including here in

Open Letter from Cardinal Marc Ouellet

Dear brother Carlo Maria Viganò, In your last message to the press, in which you make accusations against Pope Francis and against the Roman Curia, you invite me to tell the truth about certain facts that you interpret as signs of an endemic corruption that has infiltrated the hierarchy of the Church up to its highest levels. With pontifical permission, and in my capacity as Prefect of the Congregation for Bishops, I offer my testimony…Continue Reading

Advertisement(2)

Neither Left Nor Right, But Catholic . . . Truth: The Casualties In The Current Controversies

By STEPHEN M. KRASON (Editor’s Note: Stephen M. Krason’s Neither Left nor Right, but Catholic column appears monthly [sometimes bimonthly]. He is professor of political science and legal studies and associate director of the Veritas Center for Ethics in Public Life at Franciscan University of Steubenville. He is also co-founder and president of the Society…Continue Reading

Setting Things Right

By DONALD DeMARCO An ancient Chinese proverb reads as follows: “If there is righteousness in the heart, there will be beauty in the character. If there is beauty in the character, there will be harmony in the home. If there is harmony in the home, there will be order in the nation. When there is…Continue Reading

Casualty Lists From The Kavanaugh Battle

By PATRICK J. BUCHANAN After a 50-year siege, the great strategic fortress of liberalism has fallen. With the elevation of Judge Brett Kavanaugh, the Supreme Court seems secure for constitutionalism — perhaps for decades. The shrieks from the gallery of the Senate chamber as the vote came in on Saturday, October 4 and the sight…Continue Reading

Cardinal Ezzati . . . Declines To Answer Questions In Chilean Abuse Probe

SANTIAGO, Chile (CNA) — Ricardo Cardinal Ezzati of Santiago has exercised his legal right to silence after being summoned for questioning by a state prosecutor. The intended questioning was likely to be focused on what the cardinal knew about his former archdiocesan chancellor, Fr. Oscar Munoz Toledo, who was arrested July 12 following allegations he…Continue Reading

Judge Kavanaugh… The One Right That Matters To The “Pro-Choice” Crowd

By JACK KENNY Watching and listening to Sen. Sheldon Whitehouse of Rhode Island incredibly grill Judge Brett Kavanaugh, line by line, over the contents of the latter’s high school yearbook, is to recall the words written by William Faulkner and revived a few years ago by Barak Obama. “The past is not dead. It isn’t…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

A Leaven In The World… Youth Synod Repeats Old Errors

By FR. KEVIN M. CUSICK We are now making things up as we go along. As if the Church had been founded yesterday. This nonsense was already tried in the sixties and found wanting. Paolo Ruffini reported on Twitter that at a press conference for the 2018 Youth Synod now underway in Rome a speaker called for “a liturgy that…Continue Reading

The Sacrament Of Confession… Indulgences!

By RAYMOND DE SOUZA, KM Part 8 The “indulgences” of the Catholic Church have acquired a bad name ever since Luther’s Reformation. In Luther’s days, it is true, the Church was going through one of those periods of crisis. Yes, there was a great crisis, almost as bad as today. The crisis was chiefly among the decadent clergy of the…Continue Reading

The Cardinal Virtues — Fortitude

By DON FIER It was with clever astuteness that Jesus responded to the Pharisees when they tried to devise a trap for Him by asking: “Is it lawful to pay taxes to Caesar, or not?” (Matt. 22:17). After examining a Roman coin and inquiring whose likeness and inscription was imprinted on it, His ingenious answer was: “Render therefore to Caesar…Continue Reading

Catholic Replies

Q. I thought the matter of no women priests was settled by Pope John Paul II back in the nineties. But I keep hearing about this possibility. Do you foresee this ban ever changing? — J.M., via e-mail. A. No, we don’t because St. John Paul, in his 1994 apostolic letter Ordinatio Sacerdotalis, made the following infallible pronouncement: “Wherefore, in…Continue Reading

Over 100 Young People . . . Tell Synod-Bound Scottish Archbishop: We Love Catholic Doctrine

By DOROTHY CUMMINGS McLEAN EDINBURGH, Scotland (LifeSiteNews) — Over 100 young Catholics have a message for the Scottish archbishop chosen to attend the Youth Synod: We love the doctrines of the Church. The Catholics aged 18 to 35 signed a letter to Archbishop Leo Cushley of the Archdiocese of St. Andrews and Edinburgh sharing their thoughts on their faith. While…Continue Reading

Catholic Heroes… St. Alexander Sauli

By CAROLE BRESLIN After the upheaval of the Protestant Reformation, the Catholic Church was blessed with many saints including a lesser known but deeply loved man, Fr. Alexander Sauli, who labored in a little-known order, the Barnabites. Alexander was born of a wealthy and highly regarded family of Lombard on February 15, 1534. His father, Dominic, was the Marquis of…Continue Reading

Catholic Heroes… St. Mary Frances Of The Five Wounds Of Christ

By CAROLE BRESLIN When a holy priest was dying of cancer, racked with excruciating pain, he begged for more. He was asking for more suffering to save more souls. Such is the glory of the saints when Christ dispenses His mercy with the grace to embrace more suffering. St. Mary Frances endured more suffering than many saints and she, too,…Continue Reading