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Constitutionality of White House "Czars" Questioned

September 11th, 2009 @ 9:15 am

1 Comment

Categories: BNET, Green Business, Leadership, Management, economy

Tags: White House, U.S. Congress, Advisor, Investment, Government, Finance, Stefan Deeran

Amid the fallout of the Van Jones (Obama’s former green jobs adviser) resignation, many are now questioning how the White House has been relying upon “czars” to execute the Administration’s agenda.

Technically just “advisers” to the President, the czar system, which has been around since Nixon, actually exploded during the George W. Bush reign.  Dubya pushed legislation through Congress which grants his advisers access to confidential information formally available only to those with Senate confirmation.  Since the czars work within the West Wing, they enjoy almost total immunity from any accountability to Congress under the claim of executive privilege, according to an analysis by FOX News’ Andrew Napolitano.

Having unelected, unaccountable “czars” running federal agencies and doling out taxpayer dollars is clearly unconstitutional.  Therefore, some Republicans are now suggesting a “shadow government” might be managing everything from health care, climate change and Afghanistan to the auto sector. GOP critics claim there could be between 30 and 44 czars in the White House. But their case obviously isn’t helped by the fact that about a third of those czar positions were there during the Bush years.

Congressman Patrick McHenry wants 44 of Obama’s advisers to testify before Congress to determine whether their duties are actually allowed by the Constitution.  From his open letter:

If the czars have high-level, decision-making authority as their titles would indicate, then it is my concern that their appointment without Senate approval represents a circumvention of our Constitutionally-mandated confirmation process.  On the other hand, if the czars have no actual power, then I am equally concerned that taxpayers are fronting the bill for the salaries of these figureheads and their staff.

Are you concerned about a “shadow government” run by czars?  Or are these advisers just helping to salvage the economy? Please share your thoughts below.

Stefan Deeran consults environmental advocacy groups and businesses on their sustainability strategies and communications plans. He also publishes the online newsmagazine the Exception.
 
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    chris_marschner

    09/14/09 | Report as spam

    RE: Constitutionality of White House 'Czars' Questioned

    Ultimately, the Executive branch will bear the political burden of these "Czar's" decisions. If these positions have primary jurisdiction over rule making at the various regulatory agencies this appears to be clearly an unconstitutional process.

    What I am most concerned about is that many of these appointees lack the appropriate credentials to analyze institutional issues let alone formulate policy that will affect the entire nation. We now have a former Steelworkers union boss developing policy to help GM emerge as a viable entity so that taxpayer dollars can be repaid. As the auto bailout continues it is becoming more and more a means to redistribute the value of the remaining assets to labor and not maximizing the value to shareholders. This is clearly a breach of fiduciary duties assigned to board members.

    Obviously, Van Jones was not adequately vetted by anyone and based on his comments after his appointment it appeared that he planned to advance his ideological agenda as opposed to the agenda of the President's - unless the President and he share the same agenda.

    As the administration moves forward on its progressive agenda, I am deeply concerned that the administration will continue to determine that the quality of the advisor will be a function of the advisor's ability to rally the less informed through promises of money and benefits and thus garner votes or how far left of center the advice appears to be.
    One thing needs to be remembered by this administration. When you enter the marketplace of ideas, shakedown tactics do not win you new customers.

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