One of America's leading authorities on technology and telecom policy, Motley is a writer, television and radio commentator, political and policy strategist, lecturer, debater, activist, and policy advisor to The Heartland Institute.
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The Constitution’s First Amendment reads as follows:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The emphasis is ours – so as to highlight the portion we are now going to discuss. We the People are free to assemble – or not assemble – any way we wish. Completely free from government interference or imposition.
Keep in mind that the Constitution’s drafters and ratifiers also delineated the separation and balance of powers. The Legislative Branch (“Congress”) was the only one of the three that was to initiate new interferences and impositions on the people (and were, again, only to do so within the strict confines of said Constitution). So “Congress” is the only governmental entity they mention in the First Amendment.
The Judicial and Executive were to serve as checks to the Legislative. If the Legislative exceeded its Constitutional authority – the Executive vetoed it, or the Judicial overturned it.
Unfortunately, we now have both the Judicial and Executive Branches not doing their jobs – and instead, incessantly, continuously doing their impersonations of the Legislative.
Creating new impositions on We the People that are not only the purview of the Legislative – they aren’t even the purview of the Legislative, because they exceed the authority granted the government by the Constitution.
Rather than checking the Legislative’s overreach – the Executive and Judicial are imitating the Legislative’s overreach.
To wit: Private bakers and florists – can assemble any way they wish. Completely free of government interference or imposition. Thus the Legislative can not force them to conduct business with anyone. The Judicial – absolutely can not put on its Legislative costume to do so either.
If you are a homosexual couple that wants a cake or a flower arrangement – and this baker or that florist declines your business, as is their First Amendment right – there are plenty of other bakers or florists from whom to choose. Freedom of association – for everyone.
To wit: Private banks – can assemble any way they wish. They can draft their contracts for their customers any way they wish. Completely free of government interference or imposition. And you can choose to enter into a business arrangement with that bank – or choose another of the very many banks at our free market disposal. Freedom of association – for everyone.
The Legislative can not, Constitutionally, rewrite any part of the private contract between a private business and private citizens-customers – as they choose to peaceably assemble. The Executive – absolutely can not put on its Legislative costume and do it either.
But as we all know – this has never stopped them before.
This is the incredibly awful Consumer Financial Protection Bureau (CFPB). An Executive Branch entity – that is here impersonating the Legislative. And doing so in clearly anti-Constitutional fashion.
In bigfoots the government – tearing up and rewriting private contracts between private companies and private citizens-customers.
And then comes the cronyism. Who benefits from this anti-Constitutional nonsense?
New CFPB Rule Legislates False Data to Help Trial Lawyers: “(The CFPB) announced a new rule that, if not overturned, will upend an effective way of addressing consumer claims against financial institutions, potentially flood the courts with cases, and increase costs to customers.
A Consumer Bureau Gift to Trial Lawyers: “Banning arbitration means only class action counselors get paid.”
Oh look – the trail lawyers. One of the biggest and almost-solely Democrat donor-supporters-constituencies of them all.
The House of Representatives has voted to overturn this inanity. The Senate should swiftly follow suit.
Next up: The Legislative should take back a little bit of the Legislative from the Executive – and end entirely the CFPB.
In the meantime – baby steps. Kill this ridiculous, anti-Constitutional regulation.
[Originally Published at RedState]