Are Obama’s Czars Constitutional?

Are Obama’s Czars Constitutional?
A Commentary by J. D. Longstreet
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OK. Let us “tell it like it is!” Obama’s Czars are simply a way for Obama to get around the Constitution. There. I’ve said it.

We have noted many times in the past that the Constitution is only an irritant to the political left and they will do almost anything to get around dit. They consider it an outdated “suggestion” if you will, and not The Law as the political right considers it.

With the Obama Regime, America has a government being run, for all practical purposes by a bunch of unelected officials who answer, not to the American people, but to the benign dictator Barack Obama. Oh, may I remind you that even a benign dictator is still a dictator.

One of the finest military men this country has ever produced, a republican, and a man in line to receive his party’s endorsement as a candidate for president, Douglas MacArthur, once said: ““I am concerned for the security of our great nation, not so much because of any threat from without, but because of the insidious forces working from within.” — General Douglas MacArthur. If General MacArthur could see the US today, he would be spinning in his grave!

A friend admonished me many months ago because I referred to Obama as a socialist. My friend told me I was wrong. He went on to say that Obama was not a socialist; he was, and is, a communist! I must tell you now, that I am slowly coming around to my friend’s way of thinking. Why? It is primarily because of Obama’s Czars.

Alan Caruba in his commentary entitled: “Obama’s Unconstitutional “Czars” says the following: “As I read it, the Constitution is very specific about whom the President may appoint and he can do so only within parameters “established by law” and this applies specifically to the “heads of departments.” I interpret this to mean Cabinet Secretaries, all of whom must be vetted and approved for their positions by the Senate.” Mr Caruba goes on to say: “Obama’s appointments are clearly “principal officers” though it will be argued that they are only advisors to the office of the President. Clearly, Obama’s appointments are not heads of departments, but they appear to have been granted an unknown degree of influence and control as regards their responsibilities. They function “in the dark.” You may read the entire article HERE.

Looking at the Constitution we find this: “Article II. Section 2. “He (the President) 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 consults, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein 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.”

Clearly, The Founders gave no thought to CZARS when writing the constitution. Clearly they did not intend for any unelected group to weild authority over their fellow American then or now. But that is what we have with the Obama Regime and its Czars.

Many times in the past we have warned of a “Shadow Government” wielding the REAL authority in the American government. We have taken a good bit of ribbing for that. But, not so much these days as readers begin to understand what a shadow government is. It is a group of Czars operating, as Mr. Caruba says: “… in the dark.”

Why should we fear this group of 30 odd czars? As usual, Mr. Caruba’s insight has nailed it for us. He says: “There are now some thirty or more of these “czars” and they represent a threat to the authority of the Congress and could be utilized in some manufactured “crisis” to take control of the federal government, dispensing with the rule of law.”

I don’t know about you, but I am convinced that Americans have a “Shadow Government” in place and ruling America today.

But – is this "Shadow Government,” this group of Czars, constitutional? We need a ruling from the Supreme Court on it and the sooner the better -- before irreparable harm is done The Republic.

J. D. Longstreet

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Obama's Unconstitutional Czars! ... Alan Caruba

Obama’s Unconstitutional “Czars”

By Alan Caruba
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Here’s a question that has been nagging me for months. Are Obama’s ever-growing number of “czars” constitutional? I am not a constitutional scholar, but I have read the document.

“Article II. Section 2. “He (the President) 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 consults, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein 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.”

As I read it, the Constitution is very specific about whom the President may appoint and he can do so only within parameters “established by law” and this applies specifically to the “heads of departments.” I interpret this to mean Cabinet Secretaries, all of whom must be vetted and approved for their positions by the Senate.

The Republican National Committee’s conservative caucus recently passed a resolution expressing their concern noting that “The U.S. Constitution explicitly states government officers with significant authority (called ‘principal officers’) must be nominated by the President and are subject to a vote of the U.S. Senate.”

Obama’s appointments are clearly “principal officers” though it will be argued that they are only advisors to the office of the President. Clearly, Obama’s appointments are not heads of departments, but they appear to have been granted an unknown degree of influence and control as regards their responsibilities. They function “in the dark.”

For example, since we have a Department of Labor why do we need an “Auto Recovery” czar, Ed Montgomery, who reports to Larry Summers, the President’s top economic advisor? What can he do to effect recovery? And, constitutionally speaking is it lawful for the United States to have “ownership” of General Motors? Or any other private enterprise? I think not.

Why does President Obama need a “Special Envoy for Climate Change”? Todd Stern reports to Secretary of State Hillary Clinton, but we have the Environmental Protection Agency and the National Oceanic and Atmospheric Administration that includes the National Weather Service. What exactly does Stern do and why? Stern is best known for having helped negotiate the Kyoto climate pact which was based on the discredited claims of a global warming that is not happening. It was instantly rendered void by the exemption of nations such as China and India.

Meanwhile, the so-called energy and environment czar, Carol Browner, is reportedly coordinating policy in the same area as the “climate change” czar despite the fact that we have both a Department of Energy and an Environmental Protection Agency. Obama's choice for “Green Jobs” czar, Van Jones, is a Marxist radical.

I could go on, but the point, obviously, is that there is an enormous amount of overlap going on and it involves appointees who give the appearance of being doppelgangers to the existing Secretaries and the huge bureaucracies they oversee. They answer directly to the President, but presumably so do the Secretaries whom we occasionally see gathered around a huge table in cabinet meetings.

If these people who have not been approved by the Senate or occupy positions that have not been “established by law” and are not “heads of departments” exist solely at the pleasure of the President, are we not hip deep in some very muddy waters concerning who is answerable to the Senate or House committees?

I am of the belief that Obama has methodically gone about creating a shadow government of men and women with undefined powers, but who likely have even more influence with the Oval Office than those who hold office under the mandates of the Constitution.

To borrow a term from the White House, it all smells “fishy” to me in ways that go beyond just the provision of advice and which likely intrude deeply into the process by which laws and regulations are drafted and enacted.

There are now some thirty or more of these “czars” and they represent a threat to the authority of the Congress and could be utilized in some manufactured “crisis” to take control of the federal government, dispensing with the rule of law.

Alan Caruba writes a daily post at http://factsnotfantasy.blogspot.com. A business and science writer, he is the founder of The National Anxiety Center.

© Alan Caruba, August 2009

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