At this point, we're used to the right wing declaring, with minimal evidence, that various aspects of the Obama agenda are unconstitutional. But the latest effort from The Daily Caller really takes the cake.
This afternoon, the Caller published an article headlined “Authority given to head of new Consumer Financial Protection Bureau may be unconstitutional.” The article offers up two individuals who are making that case.
One of the Caller's sources is a “financial expert” -- not an expert in, say, constitutional law, which might actually be relevant in making this sort of determination -- who says that “the amount of power the director of the CFPB would assume is 'so significant it may be unconstitutional.'” The “financial expert” gives no further explanation for why he or she believes that the position violates the Constitution.
We'd love to give them a call and follow up, but the Caller gave their source anonymity. Why? Because they “wanted to remain unnamed.” I suppose that answers our question about whether the Caller has any rules or guidelines whatsoever for granting anonymity.
The second source for the Caller's headline-grabbing claim that the head of CFPB's position “may be unconstitutional” is the assertion of Todd Zywicki -- identified only as “law professor at George Mason University -- who says ”I am not familiar with an institution that gives so much power to one person... the idea that this position is unconstitutional is exactly correct."
The Caller provides no explanation from Zywicki on how exactly the position violates the Constitution.
Zywicki has somewhat better credentials than the unnamed “financial expert” with which to assess the position's constitutionality -- he is at least a lawyer. But somehow, the Caller neglects to mention that his “area(s) of expertise” do not include constitutional law.
They also forget to point out that Zywicki served as the Director of the Office of Policy Planning at the Bush Administration's Federal Trade Commission.
Other then that, it's a great article from a fine institution of journalism.