GOP Senators to NLRB, CFPB: Take Down the 'Open for Business' Sign

A trio of Republican senators today introduced a bill to block NLRB actions in the wake of a D.C. Circuit Court of Appeals ruling that President Obama’s recess appointments to the labor authority were unconstitutional.


The Restoring the Constitutional Balance of Power Act of 2013 would prohibit the National Labor Relations Board (NLRB) and Consumer Financial Protection Bureau (CFPB) from enforcing or implementing decisions and regulations without a constitutionally confirmed board or director.

It would also block CFPB’s next transfer of funds from the Federal Reserve to carry out any actions that require the approval of a director.

It was introduced by Sens. Lamar Alexander (R-Tenn.), Mike Johanns (R-Neb.), and John Cornyn (R-Texas).

“If they won’t take down their ‘Open for Business’ sign and put up one that says ‘Help Wanted,’ then the Senate will,” said Alexander. “The president created this problem but the Constitution provides him with a way to fix it—send the Senate acceptable nominees to fill these important positions.”

Johanns said the agencies “have been operating under a ruse for more than a year.”


“Any decisions or regulations made by the people who have no right to be there are invalid. This legislation forces them to stop functioning as if they legitimately hold office and recognize the reality that the president overstepped his constitutional authority,” he said.

“American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers,” Cornyn said. “We refuse to stand by as this president arrogantly casts aside our Constitution and defies the will of the American people under the guise of defending them.”


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