Nullification lives - GOP blocks Cordray - blocking full enactment of a law passed by Congress

[Bill USA]

http://www.tnr.com/blog/jonathan-cohn/98333/senate-republicans-block-cordray-consumer-cfpb-nomination-obama


The Senate on Thursday took up the nomination of Richard Cordray, President Obama’s choice to lead the new consumer protection board. It did not vote to confirm him. The outcome isn’t at all surprising. But it’s important to take a step back and understand just what is happening here, because Republicans aren't simply weakening consumer protection. They're also weakening American democracy.

Remember, the Senate didn’t actually vote on Cordray’s nomination. The vote never took place because the Republican caucus, with one exception, are supporting a filibuster the nomination. Together, they do not represent a majority. On the contrary, 53 senators voted to proceed with the vote. Had the vote taken place, a majority likely would have voted to confirm him. But that’s the way the Senate works today: The majority doesn’t rule. The minority does.

If you think that’s a violation of the spirit, if not the letter, of the U.S. constitution, you are quite right. The document specifies instances when the president needs consent of a super-majority. Appointments like these are not among those instances.

But the reality actually even worse than it seems. The senators upholding the filibuster haven’t suggested Cordray is unqualified for the job. Rather, they are holding up the nomination because they don’t like the agency he would head or the law it is supposed to enforce – the Dodd-Frank Act, which is designed to police the banking and credit card agencies. They’ve said, explicitly and repeatedly, they will allow a vote on Cordray only if and when the president agrees to changes in the law.