Tuesday, November 28, 2017

Is there a "deep state?" The case of the CFPB

"Does America Have a Deep State?"  That's a cover headline from an article in Sept./Oct. Foreign Affairs, and the answer is "of course," although it's not really a deep state, just the what "the state" has become, a massive self-serving and self-sustaining, unaccountable federal bureaucracy.  The author seems to think this is just fine.

The current controversy over the Consumer Finance Protection Bureau (CFPB) is a perfect illustration.  This recent regulatory monstrosity, a creation of Dodd-Frank, tries to act as a law unto itself, i.e. outside of the constraints of the Constitution and American law.  The head of the bureau, Richard Cordray, an Obama appointee, stepped down, apparently to run for governor in Ohio.  He named another Democrat from the bureaucracy, Leandra English, to take over -- because, you know, the Constitution specifies that heads of bureaucratic agencies get to choose their own replacements, to ensure that executive branch bureaucracies become entrenched dynasties impervious to control by the chief executive, the President.  Well, actually the Constitution says no such thing, and the case is an example of the administrative state run amok.  Of course, it gets even better, i.e. worse.

President Trump immediately selected his own acting replacement, OMB head Mick Mulvaney -- a genuine budget-cutter who really is interested in shrinking the size and power of the state.  Good!  Unforeseen Contingencies unequivocally endorses this move... as a stopgap on the road to abolishing CFPB and repealing Dodd-Frank, of course.  The "it get worse part" is that Ms. English promptly sued -- I guess the theory is that bureaucrats have inalienable rights to their powers, and they may pass these on to their cronies and sycophants unchecked.  Happily, a federal court just ruled against Ms. English and Mr. Mulvaney stays. 

Cordray and English are, obviously, despicable scoundrels.  To add to the despicability factor, it appears that the shyster leading Ms. English's lawsuit, Deepak Gupta, used to work for CFPB and now is being financed by secret Democrat donors.  Tom Steyr?  George Soros?  John McCain?

Of course, Sen. Pocahontas Warren (D, MA) is upset.  ("Pocahontas?  Isn't that a racial slur?"  Pocahontas' descendant doesn't think so, and neither does this Navajo code-talker.  They seem to like Mr. Trump, too.  I'd have supposed that Social Justice Warriors would be more offended by Pocahontas Warren's cultural appropriation of American Indianness, since, umm, ... well, no I' suppose actually I wouldn't have supposed this.  SJWs are phonies.)

Conclusion: Drain that swamp, Mr. Mulvaney!

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