The Constitution Doesn't Mention Czars

Trajan

conscientia mille testes
Jun 17, 2010
29,048
5,463
48
The Bay Area Soviet
an article by George Schultz. I agree with his reasoning and his conclusio.
Please read the article, he speaks to the transparency lost as exemplified by the Iran- Contra scandal as well and how it is germane to the overarching point.



The Constitution Doesn't Mention Czars
Unaccountable White House aides are a product of a broken cabinet-nomination process. This is not the form of government the Founders intended.


A pattern of governance has emerged in Washington that departs substantially from that envisaged in our Constitution. Under our basic concept of governance: (1) a president and vice president are elected; and (2) the departments of government are staffed by constitutional officers including secretaries, undersecretaries, assistant secretaries and others who are nominated by the president and confirmed for service by the consent of the Senate. They are publicly accountable and may be called to testify under oath about their activities.

Over time, this form of governance has changed. Presidents sometimes assume that the bureaucracy will try to capture a secretary and his or her immediate staff so that they will develop a departmental, rather than a White House, point of view. So presidents will name someone in the White House to oversee the department and keep a tight rein on its activities.

In national security and foreign policy, the National Security Council (NSC) was established after World War II by the National Security Act of 1947. As late as 1961, under President Dwight Eisenhower, the NSC was supported by a small staff headed by an executive secretary with a "passion for anonymity" and limited to a coordinating role. In subsequent administrations, that passion disappeared and staff members took on operational duties that formerly were the responsibility of constitutionally confirmed cabinet officials. This aggrandizement of the staff function then spread into fields far beyond national security.

More recently, the situation has been worsened by the difficulty of getting presidential nominees to cabinet and subcabinet positions approved and in place. The White House vetting process has become exhaustive, with potential appointees required to fill out extensive questionnaires on such things as foreign travel and personal acquaintances, let alone financial matters. Mistakes are potentially subject to criminal penalties. The result is a drawn-out and often disagreeable process from the time a person agrees to a job to the actual nomination.

Formal nominations do not necessarily receive quick consideration by Senate committees, which routinely request additional information. Sometimes a nomination, voted legitimately out of the committee, can be put on hold indefinitely as one member of the Senate uses the hold as a bargaining chip to get some matter, often unrelated, settled to his or her satisfaction.

more at-

George P. Shultz: The Constitution Doesn't Mention Czars - WSJ.com
 
an article by George Schultz. I agree with his reasoning and his conclusio.
Please read the article, he speaks to the transparency lost as exemplified by the Iran- Contra scandal as well and how it is germane to the overarching point.



The Constitution Doesn't Mention Czars
Unaccountable White House aides are a product of a broken cabinet-nomination process. This is not the form of government the Founders intended.


A pattern of governance has emerged in Washington that departs substantially from that envisaged in our Constitution. Under our basic concept of governance: (1) a president and vice president are elected; and (2) the departments of government are staffed by constitutional officers including secretaries, undersecretaries, assistant secretaries and others who are nominated by the president and confirmed for service by the consent of the Senate. They are publicly accountable and may be called to testify under oath about their activities.

Over time, this form of governance has changed. Presidents sometimes assume that the bureaucracy will try to capture a secretary and his or her immediate staff so that they will develop a departmental, rather than a White House, point of view. So presidents will name someone in the White House to oversee the department and keep a tight rein on its activities.

In national security and foreign policy, the National Security Council (NSC) was established after World War II by the National Security Act of 1947. As late as 1961, under President Dwight Eisenhower, the NSC was supported by a small staff headed by an executive secretary with a "passion for anonymity" and limited to a coordinating role. In subsequent administrations, that passion disappeared and staff members took on operational duties that formerly were the responsibility of constitutionally confirmed cabinet officials. This aggrandizement of the staff function then spread into fields far beyond national security.

More recently, the situation has been worsened by the difficulty of getting presidential nominees to cabinet and subcabinet positions approved and in place. The White House vetting process has become exhaustive, with potential appointees required to fill out extensive questionnaires on such things as foreign travel and personal acquaintances, let alone financial matters. Mistakes are potentially subject to criminal penalties. The result is a drawn-out and often disagreeable process from the time a person agrees to a job to the actual nomination.

Formal nominations do not necessarily receive quick consideration by Senate committees, which routinely request additional information. Sometimes a nomination, voted legitimately out of the committee, can be put on hold indefinitely as one member of the Senate uses the hold as a bargaining chip to get some matter, often unrelated, settled to his or her satisfaction.

more at-

George P. Shultz: The Constitution Doesn't Mention Czars - WSJ.com

That's right. It doesn't mention Cabinet members either.
 
Still searching for the terms "supercarrier", "attack drone" and "nuclear warhead" in the CONUS. Sorry, that is "new clear" for Caribou Barbie...
 
Rather than creating a new position within the administration with no oversight or disclosure from the government -- a secretive post, by some conservative accounts -- a czar is exactly the opposite: it's a position within the administration that the president wants to highlight, and does so by creating the title of czar for a person who is already in charge of an important topic.

Political Heat: Unwarranted fears over Obama's czars

President Obama's 'Czars' - Politico Staff - POLITICO.com

Does the country really need a Great Lakes (Czar) Clean Up supervisor Cabinet position?
 
Where does the Constitution allow an Air Force?
 
From article II

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."

Basically it covers "officers" of the executive branch, which we call cabinet members. It appears that the president can appoint people to certain tasks without the "advice and consent of the senate", but still needs legislative permission to do so.

People's issues with "czars" come from thier not needing senate approval mostly. It is seen as an end run around senate oversight.
 

Forum List

Back
Top