Glorious: Texas bank to launch constitutional challenge to Dodd-Frank

posted at 4:31 pm on June 21, 2012 by Erika Johnsen

With every fiber of my being, I detest the woefully-orchestrated, unbearably intrusive disaster of a legislative package that is the Dodd-Frank Wall Street Reform and Consumer Protection Act. It is the federal government’s attempt at blaming “big banks” and “Wall Street” as the main perpetrators of the financial crisis (instead of big government itself), and then look like they’re oh-so-munificently stepping up and doing something about it. That the law created a “Consumer Financial Protection Bureau” should tell you just about everything you need to know about this regulatory nightmare — in a nutshell, “We’re from the government, and we’re here to help.” It’s damn near frightening.

It therefore pleases me to no end that someone is looking to mount an opposition against President Obama and the Democrats’ ghastly attempt at financial reform, and about time, too. James Pethokoukis reports that a Texas bank is filing a challenge against the Dodd-Frank Act, arguing that certain aspects of the Consumer Financial Protection Bureau and the Financial Stability Oversight Council violate the U.S. Constitution’s separation of powers — and it feels so good. From the press release:

TEXAS COMMUNITY BANK, SENIORS AND FREE ENTERPRISE GROUPS FILE SUIT CHALLENGING DODD-FRANK

Unchecked Power of Consumer Financial Protection Board Unconstitutional

WASHINGTON, D.C., June 21, 2012 – The State National Bank of Big Spring, Texas, today filed a lawsuit asking the U.S. District Court for the District of Columbia to hear its case challenging the constitutionality of provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Competitive Enterprise Institute and the 60 Plus Association are also joining this community bank as plaintiffs in the same action, requesting the Court to invalidate the law because of the unprecedented, unchecked power it gives the government.

“No other federal agency or commission operates in such a way that one person can essentially determine who gets a home loan, who can get a credit card and who can get a loan for college,” said Jim Purcell, CEO of State National Bank. “Dodd-Frank effectively gives unlimited regulatory power to this so-called Consumer Financial Protection Board, also known as CFPB, with a director who is not accountable to Congress, the President or the Courts. That is simply unconstitutional.” …

Along with ObamaCare, Dodd-Frank is supposed to be one of the Obama administration’s crowning legislative achievements — and whether or not the Supreme Court strikes down ObamaCare, we already know that the majority of Americans are not fans of the government’s massive intrusion into both their personal lives and the free market. I haven’t the foggiest idea whether this latest challenge will pick up any steam, but I think a little judicial attention to Dodd-Frank is precisely what the doctor ordered.


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And the hits just keep on comin’!

CurtZHP on June 21, 2012 at 4:34 PM

Bawney Fwank’s protection of “Fweddie’s Fawnnie” is what led to the meltdown.

If anyone should be in prison for this it should be Fwank.

wildcat72 on June 21, 2012 at 4:34 PM

Along with ObamaCare, Dodd-Frank is supposed to be one of the Obama administration’s crowning legislative achievements

To Hades with both.

Even Sarbanes-Oxley is a disaster for business…good intentions gone awry.

Schadenfreude on June 21, 2012 at 4:34 PM

Doncha just love Texan’s attitude about government? I do, that’s why I live here.

Webrider on June 21, 2012 at 4:35 PM

If this gets to SCOTUS, I think the outcome is more predictable than Obamacare. It should be struck down.

The Rogue Tomato on June 21, 2012 at 4:35 PM

Brilliant! Finally!

Pork-Chop on June 21, 2012 at 4:36 PM

Dodd-Frank is the evil twin of the Obama Healthcare Law.

And, please G-d, when the latter is struck down it will make it that much easier (in theory) for SCOTUS to strike down the former.

Rixon on June 21, 2012 at 4:36 PM

With every fiber of my being, I detest the woefully-orchestrated, unbearably intrusive disaster of a legislative package that is the Dodd-Frank Wall Street Reform and Consumer Protection Act

.

Don’t hold back on us Erika. :-)

Chip on June 21, 2012 at 4:36 PM

Righteous!

workingclass artist on June 21, 2012 at 4:37 PM

God Bless Texas.

the new aesthetic on June 21, 2012 at 4:37 PM

God Bless Texas. That state is just a whole bag of awesomeness.

search4truth on June 21, 2012 at 4:37 PM

don’t mess with Texas

kelley in virginia on June 21, 2012 at 4:38 PM

Erika, I’m liking your posts more and more and more. You’re off to a blazing start!

Red Cloud on June 21, 2012 at 4:39 PM

All things done under obama should be reviewed and checked for constitutionality. It seems that everyday he has a new scandal develop on those lines. What happened to transparency?

speekr on June 21, 2012 at 4:40 PM

I think a little judicial attention to Dodd-Frank is precisely what the doctor ordered.

the….sunlight…it…burns!!

Tim_CA on June 21, 2012 at 4:40 PM

Mess with us all your want. Just expect a bigger mess back.

Limerick on June 21, 2012 at 4:40 PM

4 words: Texas Guest worker program

gop big business donors need new slaves from Mexico?

SEAL THE FREAKING BORDER!!!!!

PappyD61 on June 21, 2012 at 4:41 PM

Can we borrow some Texans to challenge New Jersey gun regulations?

Archivarix on June 21, 2012 at 4:42 PM

ABC: “Look a thermometer!”

tims472 on June 21, 2012 at 4:42 PM

The “legacy” of Dodd and Frank will forever be diminished if this gets overturned.

I like It!

AubieJon on June 21, 2012 at 4:43 PM

PappyD61 on June 21, 2012 at 4:41 PM

Meh. Texas is wrong, but show me the plan. Show me the plan that doesn’t stay on the court ping-pong table until my grandson gets his his gold watch from the company.

Limerick on June 21, 2012 at 4:43 PM

“You can go to Hell, I’m going to Texas.” David Crockett

Roy Rogers on June 21, 2012 at 4:44 PM

Can we borrow some Texans to challenge New Jersey gun regulations?

Archivarix on June 21, 2012 at 4:42 PM

Own your own laws. Better yet own your own politicians.

Limerick on June 21, 2012 at 4:44 PM

Meanwhile, CALIFORNIA SEEKING TO GRAB PRIVATE PENSION!

Mutnodjmet on June 21, 2012 at 4:46 PM

ABC: “Look a thermometer!”

tims472 on June 21, 2012 at 4:42 PM

Ha! When I heard ABC(?) led with that last night, my first thought was, “Huh. Texas is actually having a pretty mild summer.”

txhsmom on June 21, 2012 at 4:48 PM

txhsmom on June 21, 2012 at 4:48 PM

Shhhhh we’ll have all those New Jersey boys and girls headed south.

Limerick on June 21, 2012 at 4:49 PM

I’ll be happy if they vote Bawney Franks unconstitutional and send his whale a$$ back to SeaWorld.

Bubba Redneck on June 21, 2012 at 4:49 PM

Glorious

Did you see that enemy over there!?!

(No one gets this reference, I’m sure) :(

lorien1973 on June 21, 2012 at 4:49 PM

To Hades with both.

Even Sarbanes-Oxley is a disaster for business…good intentions gone awry.

Schadenfreude on June 21, 2012 at 4:34 PM

Sarbanes-Oxley was the clusterfark that accelerated business in the U.S. to go elsewhere. The regulatory load that was dumped on the company I work for was a complete nightmare.

We wised up and got bought out by a private firm.

Turtle317 on June 21, 2012 at 4:50 PM

Before this law passed, I remember the local news interviewing a bank president of a local community bank. She said that the Dodd Frank bill was so burdensome, that it will generally drive the smaller, local banks out of business as those regulations are too costly to staff up for the internal controls and compliance. Thus, the spigot for small business banking and financing will be turned off, and make it even worse for the jobs picture.

Thus, I am not surprised that it is a sizable bank in a community making this challenge instead of one of the huge national banks. The huge national banks like this law because the government will be removing their local competition.

karenhasfreedom on June 21, 2012 at 4:51 PM

karenhasfreedom on June 21, 2012 at 4:51 PM

Ding ding ding!

Not sure which is worse, the free enterprise Democrats or the commie Democrats.

Limerick on June 21, 2012 at 4:53 PM

We’d probably have tens of thousands of banks in this country if the stupid federal government would have acted constitutionally and not messed with the financial system.

tom daschle concerned on June 21, 2012 at 4:53 PM

Sarbanes-Oxley was the clusterfark that accelerated business in the U.S. to go elsewhere. The regulatory load that was dumped on the company I work for was a complete nightmare.

We wised up and got bought out by a private firm.

Turtle317 on June 21, 2012 at 4:50 PM

I concur. I was tapped to lead a start up to becoming a public company, which we did in 2008, literally 2 weeks before the bank meltdown.

The SOX compliance leading up to that point and afterward, literally consumed 60% of our working capital. Eventually we just could not raise enough money to move forward with our business plan because the SOX and SEC filings just consumed too much time and resources. Sad for all.

karenhasfreedom on June 21, 2012 at 4:53 PM

If you think waiting until next week is bad, think about waiting until next June, to overturn this POS legislation.

Vashta.Nerada on June 21, 2012 at 4:53 PM

Krikorian: If Obama can create amnesty by decree, what else can he do on immigration?

Well, next year, he can flat out open the borders, just open the gates, tell the guards to go home to save $ as a justification.
Donate$

anotherJoe on June 21, 2012 at 4:53 PM

We just need to get a German bailout like Greece.

Limerick on June 21, 2012 at 4:55 PM

Dodd-Frank-Sucks

PatriotRider on June 21, 2012 at 4:56 PM

Erika, I’m liking your posts more and more and more. You’re off to a blazing start!

Red Cloud on June 21, 2012 at 4:39 PM

Beat me to it. This kid is a natural.

mike_NC9 on June 21, 2012 at 4:57 PM

With every fiber of my being, I detest the woefully-orchestrated, unbearably intrusive disaster of a legislative package that is the Dodd-Frank Wall Street Reform and Consumer Protection Act

Silly me thought that AP wrote this! Duh!

MeatHeadinCA on June 21, 2012 at 4:58 PM

West Texas kicks ass!

Another bit of trivia: The opening scenes of Midnight Cowboy (“Where’s that Joe Buck?”) were shot in Big Spring.

Ward Cleaver on June 21, 2012 at 4:58 PM

The “legacy” of Dodd and Frank will forever be diminished if this gets overturned.

There’s still waitress “Sandwiches” and running a ghey poofhaus out of a taxpayer subsidized apartment that will forever follow the reprobates Dodd & Fwank.

Robert Jensen on June 21, 2012 at 5:00 PM

Dodd-Frank-Sucks

PatriotRider on June 21, 2012 at 4:56 PM

Who is Sucks?
Oh..Nevermind.

tomg51 on June 21, 2012 at 5:01 PM

This opposition to the Dodd-Frank Act is all about voter suppression…and, and, and, the War on Women…and, racism…and cutting taxes for the 1%…

/Pelosi

Left Coast Right Mind on June 21, 2012 at 5:02 PM

Richard Cordray, the Ohio hack who heads this board, was “recess appointed” by Obama after he declared the Senate was in recess. Reid is so in Obama’s pocket that he said nothing about the unconstitutional power grab.

FirelandsO3 on June 21, 2012 at 5:03 PM

Okay, so when the SC strikes it down, Obama will just execute it by fiat. Boldness is always the winner–at first…

He said he’d be transparent and his motives and intentions certainly appear so.

Nixon was a rookie, in terms of taking raw power from the hands of the little people.

Don L on June 21, 2012 at 5:04 PM

Dodd and Frank -perfect evidence of the incompetence of New England voters.

Don L on June 21, 2012 at 5:05 PM

Silly me thought that AP wrote this! Duh!

[MeatHeadinCA on June 21, 2012 at 4:58 PM]

No beta eeyoreishness there.

I like this woman. She fights.

Romney/Johnson 2012!

Dusty on June 21, 2012 at 5:06 PM

Am I the only one out there that thinks the Obama administration is keeping lawyers employed? Would that be part of “jobs saved”?

fistbump on June 21, 2012 at 5:06 PM

I hope to goodness that other states that bho/team are trying to do endless regulations do the same!

We live in TX and by golly I thank God most people here are for our Republic not big bro!

BTW while I am it, please, please vote Ted Curz on the July ballot against dewhurst for dear kay’s seat!
Thank you all here in TX.
L

letget on June 21, 2012 at 5:06 PM

Whoops, Romney/Johnsen 2012!

Dusty on June 21, 2012 at 5:07 PM

Pelosi? When Romney wins I just hope he puts an excess usage tax on Botox….

Don L on June 21, 2012 at 5:07 PM

GO TEXAS!

GarandFan on June 21, 2012 at 5:10 PM

The real problem is that Dodd/Frank gives EVEN more authority to the fed – which is neither apolitical, independent of the banks it allegedgly regulates, nor accountable to anyone. Jamie Dimon is the head of the NY Fed for Godssakes!! Explains the tongue bath politicians of both parties gave him (lookin at you DeMint!). Eliminating CDS’s is the right thing to do, but dodd/frank is the exact wrong way to do it.

abobo on June 21, 2012 at 5:12 PM

The downside for Barney: He goes to jail.
The upside for Barney: He goes to jail.

fogw on June 21, 2012 at 5:13 PM

LET ME BE CLEAR!!

I agree that this federal monstrosity is detrimental to the economy and the good actors out there in the financial world. I just think that we shouldn’t be cheerleading for things like OTC trading in CDS assessts that, by design, can never truly trade independent of impact on the national or local sovereigns that they allegedly hedge against.

abobo on June 21, 2012 at 5:14 PM

Doing the work big banks won’t due because they are wimps.

Dodd-Frank has been an unmitigated disaster for a sector of the economy that provided significant growth and innovation. Now all their discretionary money is being spent on this giant nothing-burger which does zero to address the original causes of the financial crisis.

Sound familiar? It should, this is the same modus operandi as Obamacare. These giant smoke and mirrors mirages are the Democrats attempt to deflect blame. But instead they have destroyed our economy and business confidence.

It’s actually insulting to the average voter who, if they read a little deeper, would see well beyond the Democrats banks-are-evil nonsense.

Marcus Traianus on June 21, 2012 at 5:22 PM

Dayam! I just love my glorious state of Texas. We kick a and take names. No wonder I keep seeing so many out-of-state plates on the freeways. Folks are tripping over themselves to get here. I look askance at plates from blue states but can only hope that these are conservatives escaping and not libs wanting to turn the entire state into Austin.

neyney on June 21, 2012 at 5:22 PM

That’s a well run bank. The Chicago Mafia and FDIC will probably close it down next week.

http://banktracker.investigativereportingworkshop.org/banks/texas/big-spring/the-state-national-bank-of-big-spring/

RADIOONE on June 21, 2012 at 5:22 PM

I am so glad to hear this! God bless them!

JellyToast on June 21, 2012 at 5:23 PM

…those two incompetent goofs should be in jail…instead…they’re going to get pensions!

KOOLAID2 on June 21, 2012 at 5:26 PM

Looks like the rest of us are depending on Texas to save this country….
I imagine a lot of Texans must be saying “We used to be a separate country. Why did we change that?”

dentarthurdent on June 21, 2012 at 5:34 PM

Because regulation worked so well in 2007.

plewis on June 21, 2012 at 5:36 PM

Any chance Texas might want to absorb Colorado as a new northwestern county – and do something appropriate about the Denver/Boulder libtards???????

dentarthurdent on June 21, 2012 at 5:37 PM

This is hilarious. The West and South Texas banks are popping at the seams with deposits and probably can’t meet the dang ratios required of Dodd-Frank because of their exaggerated wealth. If oil and gas prices start going up again it will be a bigger “problem” since many producers are throwing so much gas into the storage depleted fields offer.

DanMan on June 21, 2012 at 5:39 PM

TEX. AS. Baby.

Sugar Land on June 21, 2012 at 5:43 PM

With every fiber of my being, I detest the woefully-orchestrated, unbearably intrusive disaster of a legislative package that is the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Moxie, huh? I always thought what you had was spunk and a flare for writing but this is definitely moxie.

Fallon on June 21, 2012 at 5:48 PM

The folks that are getting the huge royalty checks don’t typically change their lifestyles. They see oil wealth come and go and save because if they aren’t old enough to remember the depression, their parents told them about it and they have always lived modestly. A small comfortable house is adequate. Their houses typically have window units. Friday night football involves the whole town for three generations. They may have satelite TVs but they don’t watch many channels and many don’t even watch TV. A nice car as their only endulgence. Pops prefers his pickup but rides to church in his wife’s new Suburban.

DanMan on June 21, 2012 at 5:52 PM

It’s damn near frightening.

FTFY.

No “near” about it. It’s part and parcel with the most frightening exhibition of government overreach we’ve seen in our lifetimes.

It has to stop.

Good for Texas.

nukemhill on June 21, 2012 at 5:59 PM

Okay, so when the SC strikes it down, Obama will just execute it by fiat. Boldness is always the winner–at first…

Don L on June 21, 2012 at 5:04 PM

He may try.

dogsoldier on June 21, 2012 at 6:08 PM

I agree, it’s about time–and I hope many more such institutions will join in as the many states did against Obamascare.

stukinIL4now on June 21, 2012 at 6:08 PM

I argue that Dodd-Frank is worse than Obamacare. Obamacare affects only health care. Dodd-Frank hurts every aspect of the economy. We will get more growth out of repealing Dodd-Frank and the related insanity of Sarbannes-Oaxley. BTW, what the hell was a Republican like Oaxley thinking? Why did W. not veto this idiocy? We need to have Republicans who reflexively believe in free enterprise!

thuja on June 21, 2012 at 6:20 PM

With every fiber of my being, I detest the woefully-orchestrated, unbearably intrusive disaster of a legislative package that is the Dodd-Frank Wall Street Reform and Consumer Protection Act.

I have the same emotions about the issue. We need to someway get more people to understand why we have these emotions.

thuja on June 21, 2012 at 6:21 PM

Any chance Texas might want to absorb Colorado as a new northwestern county – and do something appropriate about the Denver/Boulder libtards???????

dentarthurdent on June 21, 2012 at 5:37 PM

I hate to break it to you but Colorado used to be part of the Republic of Texas. We gave the territory up when we joined the Union along with parts of New Mexico, Wyoming, Oklahoma and others.

txmomof6 on June 21, 2012 at 6:24 PM

Okay, so when the SC strikes it down, Obama will just execute it by fiat. Boldness is always the winner–at first…

Don L on June 21, 2012 at 5:04 PM

He may try.

dogsoldier on June 21, 2012 at 6:08 PM

God willing and the creek don’t rise, he won’t be President when this case reaches the Supremes.

txmomof6 on June 21, 2012 at 6:26 PM

Overall, a good post. But, the following are a bit unprofessional and annoying:

With every fiber of my being, I detest the …

It therefore pleases me to no end that …

The following would have been much stronger:

“The Dodd-Frank Wall Street Reform and Consumer Protection Act is a woefully-orchestrated, unbearably intrusive disaster of a legislative package.”

“It’s about time that someone is looking to mount an opposition against President Obama and the Democrats’ ghastly attempt at financial reform.”

imasoulman on June 21, 2012 at 6:29 PM

“You can go to Hell, I’m going to Texas.” David Crockett

Roy Rogers on June 21, 2012 at 4:44 PM

.
One of the greatest quotes in American history, that I believe will come in handy muliple times in the near future.

listens2glenn on June 21, 2012 at 6:31 PM

Wouldn’t that we sweet if the Supremes revive limited government overturning that monster.

But behind that and many other monsters lies Filburn, a Godzilla of statism.

AshleyTKing on June 21, 2012 at 6:33 PM

As a mortgage loan officer I can tell you that all D-F has done is cut the pay of the front line originators while adding layers of meaningless, contradictory and outright stupid regulations that have driven up the cost of lending, reducted liquidity and do NOTHING to protect the consumer.

and if they ever implement the reserves requirements D-F envisions, NO ONE will ever own a buy a home again.

DrW on June 21, 2012 at 6:33 PM

Who’s up for a little Big Government castration at the end of a sharp constitutional knife?

R Square on June 21, 2012 at 6:46 PM

“You can go to Hell, I’m going to Texas.” David Crockett

Roy Rogers on June 21, 2012 at 4:44 PM

Not to be a brat, but I have an authentic souvenir refrigerator magnet from the Alamo on my fridge and it reads,

“You may all go to hell, and I will go to Texas” Davy Crockett

Great quote either way…

Fallon on June 21, 2012 at 6:46 PM

God willing and the creek don’t rise, he won’t be President when this case reaches the Supremes.

txmomof6 on June 21, 2012 at 6:26 PM

Are you suggesting that President Romney might decline to defend the bill in court?

slickwillie2001 on June 21, 2012 at 7:01 PM

good intentions gone awry.

Schadenfreude on June 21, 2012 at 4:34 PM

What makes you so sure those were actually “Good” intentions.

SWalker on June 21, 2012 at 7:45 PM

If the bank wins on this, it will open the door to action against the EPA and virtually every other federal regulator. SCOTUS has to know this which will make them very careful about ruling on any broad grounds.

njcommuter on June 21, 2012 at 7:51 PM

By God, Texas may end up saving the whole union. Here are citizens from our state at the forefront of another key battle AND bonus our economy makes Obamanomics extra bad.

Please, please don’t thank us, y’all. Its our pleasure :-)

Texene on June 21, 2012 at 8:01 PM

P.S. We were a little late to join the First American Revolution but we are all over the Second!

Texene on June 21, 2012 at 8:03 PM

“You may all go to hell, and I will go to Big Spring and open an account at State National Bank.”

digitalintrigue on June 21, 2012 at 8:08 PM

God willing and the creek don’t rise, he won’t be President when this case reaches the Supremes.

txmomof6 on June 21, 2012 at 6:26 PM

Are you suggesting that President Romney might decline to defend the bill in court?

slickwillie2001 on June 21, 2012 at 7:01 PM

I don’t think Romney will have the vested interest in defending the law that Obama would have.

txmomof6 on June 21, 2012 at 8:30 PM

I don’t think Romney will have the vested interest in defending the law that Obama would have.

txmomof6 on June 21, 2012 at 8:30 PM

Not unless he’s dumb or wants to defend that fustercluck because he’s the ‘grandfather’. Otherwise the obvious thing to do is let Obama own as much of the disaster as the public will pin on him, and strike it down with great fanfare.

MelonCollie on June 21, 2012 at 9:33 PM

Unchecked Power of Consumer Financial Protection Board Unconstitutional

This whole “Elizabeth Warren” nanny government agency, and related unconstitiutional law, could have been avoided if thoses consumers would have read their contracts….OH?… could they read? English?…oh, but they had no understanding of economics?…wasn’t taught in government school you say??…

…When America gets dumbed-down by the government LIBERAL education system, you’re gonna get problems like this..

BigSven on June 22, 2012 at 7:36 AM

For the 40% or so who don’t pay attention at all, and subsequently don’t realize or don’t care their freedoms are eroding….maybe, just maybe, news of a bank standing up to law makers breakers out of control will spark the call to get involved.

I found the bank’s contact info on line – I’m going to send them a quick congratulatory email of thanks.

one free individual on June 22, 2012 at 7:49 AM

As a mortgage loan officer …

DrW on June 21, 2012 at 6:33 PM | Delete | Delete and Ban

About a week ago I was speaking with my neighbor about this. He is a very industrious insurance salesman that immigrated from El Salvadore and knows firsthand the consequences of having social order turned upside down. His is one of the sharpest houses on the block. His kids are exceptional and as motivated as their parents. He wanted to refinance his house and told me he has an 805 credit score. He said the process was so laborious through Chase (his longtime bank) that he ultimately went through an independent broker for assistance.

Apparently a guy that has never been late on a paymnent in the 7 years he’s owned the house has had to commit to every hoop a first time buyer does with an appraisal, title search, property survey, scrutiny of his assets and his income. That he has three townhouses in our neighborhood that he rents and has reported income from is held as a liability he told me.

That is very telling about where our economy is.

DanMan on June 22, 2012 at 10:32 AM

Dodd and Frank are two of the most incompetent and corrupt elected officials to ever serve in Congress. Those two have single handedly destroyed more lives due to their complete corruption than any two other legislators in history. Both should never see the light of day, but being demorats, they will be remembered for their dedication to the progressive movement. The republicans are not much better as they sit back and watched them destroy the housing market and homes of millions.

volsense on June 22, 2012 at 6:05 PM

Down with Dudd-Fudd!

Olo_Burrows on June 25, 2012 at 5:40 AM