TNL Features - Politics

Who Are Obama’s Czars, and Where Are They in the Constitution?

by Rep. Todd Akin

Health Care Czar Nancy DeParle

Here’s a question worth answering: why does President Obama appear so eager to appoint “czars,” while leaving positions requiring Senate confirmation unfilled?

Recently, Senator Russ Feingold (D-Wisconsin), chairman of the Senate Judiciary Subcommittee on the Constitution held hearings on the White House’s unprecedented appointment of “czars.” Apparently, the White House was too busy to send a witness to testify on the constitutionality of its practice.

By definition, these czars are special advisers to the President, serving outside of the scope of congressional oversight. Roughly thirty-two such advisers have been appointed by the President, ranging from the “Car Czar” to the “Pay Czar” to the “Health Care Czar.” Meanwhile, the White House has only nominated candidates for 243 of the 385 executive branch positions that require Senate confirmation.

The U.S. Constitution, under Article II, Section 2, provides that Congress can vest in the President the authority to appoint inferior officers. However, serious questions exist as to whether Obama has vested authority in these czars which should only be placed in persons confirmed by the Senate, through the Constitutional advice and consent process.

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Constitutional checks and balances may seem passé to some, yet they exist for a reason: people create policy. With such weighty responsibilities, could the character and credentials of the individuals who have the President’s ear be of greater importance? We have reason to ask whether Obama’s appointed czars could be confirmed by the Senate, if they were nominated for one of the open jobs in the administration. At the very least, the President’s quiet appointment of powerful czars begs for heightened scrutiny and greater transparency.

A brief perusal indicates that some of these appointees have little in common with mainstream America:

• Carol Browner, the “energy/climate czar”: Prior to her appointment in the Obama Administration, Browner was a member of Socialist International and helped lead the group’s Commission for a Sustainable World Society, which calls for “global governance,” and had demanded that developed countries shrink their economies in order to reduce global warming.

• Nancy-Ann De Parle, the “health care czar”: De Parle is now the White House point person for health care reform. But prior to 2001, she earned $6.6 million as a director of several companies while they were being investigated and fined for alleged kickbacks, engaging in illegal billing schemes, and violations of federal quality standards.

• John Holdren, the “science czar”: Holdren advises on science and technology issues, including related energy and environment matters. In 1977, he co-authored Ecoscience: Population, Resources and Environment, a book containing several controversial statements, suggesting that coercive population control measures could be sustained under the Constitution. He believes that the United States should sign the Comprehensive Nuclear Test-Ban Treaty and is an advocate of economically repressive measures to reduce greenhouse gas emissions. [Editors Note: unlike the other examples Rep. Akin cites, Mr. Holdren was confirmed by the Senate in March.]

Additionally, Van Jones (former “green jobs czar”) and Steve Rattner (former “cars czar”) both removed themselves from White House positions after controversy emerged regarding their past statements or activities.

The extent of authority and power of these czars is hard to fully comprehend. The impact of their daily decisions is uncertain. Yet it’s clear they’ve been equipped with a taxpayer-funded position to have an impact on policy, and support the wishes of the White House.

It’s time for Congress to check the growth of powerful and unaccountable positions within the Executive Branch and insist on appropriate transparency from the president who promised so much sunshine as a candidate, and has thus far delivered so little.

Republican Rep. Todd Akin represents the Second District of Missouri.

TNL
  • MrSpeck
    If you're going to commit such opinions to print, you might do well to rely less on inflammatory headlines and more on actual facts. Here are some:

    1) John Holdren was unanimously confirmed by the US Senate last March. I realize you're a Representative rather than a Senator, but figure that this information is as easy for you to come by as it is for me.

    2) Mr. Obama's nominee for EPA deputy administrator is being held up by Sen. Voinovich (R-OH)

    3) Mr. Obama's nominee for the char of the EEOC is being held up by Republicans.

    4) Mr. Obama's nominee to head up the GSA is being held up by Sen. Chris Bond (R-MO)

    5) Mr. Obama's nominee for US Trade Rep is being held up by Sen. Jim Bunning (R-KY)

    6) Mr. Obama's nominee for Assistant Administrator for the EPA is being held up by Se. David Vitter (R-LA)

    7) Mr. Obama's nominee for Assistant Sec'y of State for the Western Hemisphere is being held up by Sen. Jim DeMint (R-SC)

    8) Mr. Obama's nominee for Treasury Under Secretary is being held up by Republican staff of the Senate Finance Committee.

    9) Mr. Obama's nominee for Under Secretary of Commerce for International Trade is being held up by Sen. Chuck Grassley (R-IA)

    Once again, this is happening *in the same building where you work* with *members of your own party*. One Senator holding up nominees is from your *own home state*.

    Jeez.

    And you wonder why people mistrust politicians and why the GOP is having such a rough time these days. You'll go a long way toward improving your image when you:

    1) Get the simplest of facts straight.

    2) Worry less about non-issues such as "czars" (Presidents from both parties have had 'em) and more about Health Care reform, jobs, the economy, and the war(s).

    Please.
  • pcafe
    If the appointments are being "held up" by various Republicans, then let us hear "why."
    Perhaps your commentary would be more meaningful if we knew the names of the 'hold ups" as well.
    I would love to look up the resumes of some of these nominees to see what the character or associations have been.
    Clearly, Obama's czars have not been "top notch" and in some cases have agendas that cause American taxpayers major concern. And, that they are paid and receiving benefits from taxpayer money is enough reason to challenge this less than transparent administration.
  • MrSpeck
    Here ya go:

    Voinovich's reason for holding up Robert Perciasepe's nomination is because he "believes the EPA is underestimating the cost to households of climate change legislation."

    Jackie Berrien's nomination as chair to the EEOC is being held up until a pick for a Republican vacancy is named.

    Bond is blocking Martha Johnson's nomination to the GSA post because "the agency has been balking at constructing a $175 million federal building for Kansas City."

    Bunning is blocking Miriam Shapiro's nomination as trade rep because he's mad at the Canadian Parliament for passing a law aimed at reducing teen smoking, which he thinks would hurt his state's tobacco growers.

    Paul Anastas' nomination to the EPA post is being blocked until the EPA delays formaldehyde regulations (a probable carcinogen).

    Arturo Valenzuela's nomination as asst Sec. of State is being bloccked by DeMint because Valenzuela called the ousting of the Honduran President a "military coup".

    Shall I go on? In none of these cases is the character of the nominee in question. Mr. Obama is not negligent in trying to fill positions in his administration as the author carelessly suggested; rather they are being held up by nothing other than good old-fashioned partisan politics and pandering to special interests.

    "Less than transparent?" Please. You obviously haven't bothered to research any of these nominees on your own, so probably haven't bothered to log on to any of the administration sites to witness unprecedented transparency in action.

    Is the administration perfect? Absolutely not. But since you have made up -- and evidently already closed -- your mind, I don't suppose it matters to you anyway.
  • Where is the TRANSPARENT government Obama 'promised'? It's about as transparent as lead. What's he REALLY hiding???
  • rexprimoris
    My feeling is that the vast majority, if not all, of these "czar" appointments are nothing more than patronage jobs handed out as payback to party loyalists and Obama cronies. If they were there to do real work, why the transparent effort to avoid the Senate confirmation process?
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- February 9, 2010 -

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