Senior Democrat Says Obama’s Czars Unconstitutional »

Posted By Klarissa 5 months, 1 week ago in News

Ken Klukowski
Townhall
June 15, 2009
Last week President Obama appointed yet another “czar” with massive government power, answering only to him.

Even before this latest appointment, the the top-ranking Democrat in the Senate wrote President Obama a letter saying that these czars are unconstitutional.

President Obama’s “czar strategy” is an unprecedented power grab centralizing authority in the White House, outside congressional oversight and in violation of the Constitution.

As of last week, Czar Kenneth Feinberg has the authority to set the pay scale for executives at any company receiving government money (and how many aren’t, these days?). Czar Feinberg has the power to say that someone’s pay is excessive, and to make companies cut that pay until the czar is pleased.

Congress did not give Czar Feinberg this authority. For that matter, Congress has not authorized any of the czars that President Barack Obama has created.

Over the past thirty years presidents have each had one or two czars for various issues, and once the number went as high as five. But now, by some counts President Obama has created sixteen czars, and there may be more on the way.

Each of these has enormous government power, and answers only to the president.

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Klarissa

Berkeley conservative. Don't ask to be my friend unless you have a real bio.Eat your dessert first, life is uncertain. Bridge player, water ...

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  • 60%
    Klarissa5 months, 1 week ago

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    from another article: http://informpeople.blogspot.com/2009/01/obamas-cz...

    "Obama's Czar's

    One of the trends I've noticed in the media in the last few months is the transition in use to the word "Czar". I first noticed it from CNN, dont' know if they started it or was following someone else's lead.

    Apparently they want us to think it's a good word, like Obama is somehow more serious then past Presidents. Or that our problems are more important now then ever before. There is a rumor that the Obama team doesn't necessarily even care for the word either.

    egardless, they media is filled with uses of the word, even replacing past official titles like " Health and Human Services Secretary" with the new and improved "Health Czar".

    Why the Change?

    The position already existed, and by adding the word Czar behind a position implies that person is of some sort of royalty.

    After all "czar" is used as a general term for a monarch, it was used to identify the supreme ruler. It's also been used in history to replace titles like King or Emperor.

    Is that the change Obama is bringing to Washington, that somehow these positions have been given more authority?

    just check out all of the Czar positions below, that have been reported by the press.

    CyberSpace Czar

    Technology Czar

    Drug Czar

    Copyright Czar

    Climate Czar

    Car Czar

    Energy Czar

    Health Care Czar

    WMD Czar

    Education Czar

    Economic Czar

    Housing Czar

    Mortgage Czar"

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  • 60%
    Klarissa5 months, 1 week ago

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    another source:http://pinkelephantpundit.com/2009/06/10/ob...

    President Obama: 16 Czars (and counting)

    * Drug Czar: Gil Kerlikowske, former Seattle police chief

    * Energy and Environment Czar: Carol Browner

    * Homeland Security Czar: John Brennan

    * Health Czar: Nancy-Ann DeParle

    * Urban Affairs Czar: Adolfo Carrion, Jr.

    * Economic Czar: Paul A. Volcker

    * Regulatory Czar: Cass R. Sunstein

    * Technology Czar: Vivek Kundra

    * Government Performance Czar: Jeffrey Zients

    * Border Czar: Alan Bersin

    * WMD Policy Czar: Gary Samore

    * Intelligence Czar (Director of National Intelligence): Dennis Blair

    * Car Czar: Steven Rattner

    * Pay Czar: Kenneth R. Feinberg

    * Great Lakes Czar: Cameron Davis

    * Cyber Czar: TBA

    Let’s talk a little more about this.

    Know how many Czars Reagan had? One. Bush 41? One. Clinton? Three. Dubya? Four.

    Obama has already QUADRUPLED that. And since most of these positions are already covered by Secretaries, the overlap is wasteful.

    And some are just inane (seriously, A GREAT LAKES CZAR? What is a Great Lakes Czar? Overlord of the Catfish? I don’t understand). Scariest part?

    Czars have no one to answer to but Obama. Know how much they are in control of? $1.7 TRILLION. Yeah.

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  • 56%
    Klarissa5 months, 1 week ago

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    another interesting aspect of this: http://think.mtv.com/044FDFFFF01BC7210000800996F9C...

    Inferior officers are appointed either by the president, cabinet-level officers, or the courts. But even then, the Constitution specifies that only Congress can authorize the making of such appointments.

    For these inferior officers, only Congress can create their offices, and also specify who appoints them. And such officers are still answerable to Congress. They are subject to subpoena to testify before Congress, and Congress holds the power of the purse by making annual appropriations for their division or program.

    White House officials, by contrast, cannot be compelled to appear before Congress and testify. They are alter-egos of the president himself, and as an agent of the Executive Office of the President they are entirely removed from Congress, and not answerable to Congress in any way. That was why during the Bush administration White House Chief of Staff Josh Bolten, Senior Advisor Karl Rove, and Counsel Harriet Miers could not be compelled to testify to Congress when President Bush invoked executive privilege (a battle they may well have won if they pressed their case all the way to the Supreme Court). Senior presidential aides advise the president alone, and the separation of powers forbids congressional interference in that relationship.

    But that’s the problem with these czars. The president can have any advisors he wants, people who privately advise him or meet with others on his behalf, but have little or no actual authority to exert government power on anyone.

    These czars, however, are directly dictating policy, impacting millions of lives in the way that few assistant secretaries or deputy undersecretaries do.

    The Founding Fathers specifically wrote the Constitution in a way to deny such absolute power to emanate from one person.

    That was why they required that no principal officers could exercise any power unless the U.S. Senate decided to confirm them. That was also why they specified that even for inferior officers only Congress could create their positions and could still require them to answer to Congress.

    The Founding Fathers were specifically blocking the type of centralized power that President Obama is currently exerting.

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    • 56%
      Klarissa5 months, 1 week ago

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      continued:
      Fortunately, there is a remedy.

      Any person on the receiving end of an order from any of these czars has standing to challenge their constitutionality in court.

      Any person whose pay is deemed excessive by Kenneth Feinberg, or affected by any other czar, could file a federal suit asserting that the order is an unconstitutional exercise of government power, and have a court both invalidate the order and hold that the position itself doesn’t legally exist.

      Then everyone could just ignore these czars, because they would simply be private citizens, without the authority to order any of us to tie our shoes.

      Let the lawsuits begin.

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    • 60%
      k9kssr5 months, 1 week ago

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      Well God bless Sen. Byrd! Besides being unconstitutional, this is just another way to bleed the taxpayers so Obama can pay off his political cronies. A pox on them all!!!

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    • 65%
      Klarissa5 months, 1 week ago

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      Thank goodness some congressional members, either party, remember why they were elected.

      Now if they would just read the bills before they vote.

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      • 56%
        Klarissa5 months, 1 week ago

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        I think that there are more czars - lists all over the place.

        change, alright, so much for a constitutional lawyer - which it appears he knows just enough to know what he wants to violate., and he thinks that he is so popular that no one will call him on it.

        The 2010 election is coming up very quickly.

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      • 64%
        truthiness5 months, 1 week ago

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        It sounds like Senator Byrd's interpretation of the constitution is accurate. Which not only creates issues with the President violating the constitution (something that never seemed to bother congress before) but also creates a potential issue of all his work being reversed by court order.

        all of which could easily be avoided by simply getting the democratic controlled senate to advise and consent as the constitution requires.

        he is like FDR in so many ways.

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        • 67%
          stephen-johnson5 months, 1 week ago

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          I don't know if Obama's overuse of "czars" is unconstitutional. But I do know tha these "czars" aren't subject to congressional oversight. That flies in the face of campaign promises Obama made about the "tranparency" of his future administration.

          But Obama not living up to his campaign promises is par for the course.

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        • 55%
          Wolfie20075 months, 1 week ago

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          If Senator Byrd keeps this saying this kind of stuff, their gonna be sayin he's senile and a racists, too. lol

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          • 56%
            Goppy5 months, 1 week ago

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            The fact that Senator Byrd is complaining only proves what I have known all along ... Barack Obama is a CENTRIST.

            And that's why I voted for him.

            And no amount of Right Wing propaganda can convince me ... or other sane Americans ... that he's a Socialist.

            At least ... he's no more of a Socialist than President Bush ... who Nationalized our Banking Industry on October 13, 2008 ... when he FORCED the CEO's of the seven largest Financial Institutions into accepting $700 BILLION ... in exchange for Government control.

            .

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          • 56%
            Goppy5 months, 1 week ago

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            Oh ... I should add ... I expect y'all to agree with me ... that President Obama is a CENTRIST ... since you are quoting a LIBERAL Democrat for your anti-Obama story.

            LOL!!

            No ... I know you won't ... I've been a Propeller member for too long .... y'all don't have enough honesty for that.

            .

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            • 67%
              beavith15 months, 1 week ago

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              wasn't Byrd the former KKK member? the one that's past all that?

              Byrd moved on to self serving years ago. he 'left' the political spectrum and is somewhere in space.

              comparing hinm to Obama and coming up with a location on a political spectrum is, shall we say, self serving?

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            • 63%
              Klarissa5 months, 1 week ago

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              gopppy - your comment doesn't make any sense relative to the subject at hand.

              Most of the cabinet heads now have an appointee of Obama telling them what to do.

              These appointees may be in violation of the constitutional separation of powers.

              Intersting that you use the words "centrist, liberal, forced the ceos" when we are talking about something else entirely.

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            • 100%
              cloud155 months, 1 week ago

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              Why don't these people have to answer to congress? They can set pay for companies receiving government handouts. This is a form of them setting government budgets by choosing how to spend that money since some of those handouts are certainly going towards salaries. Congress is what sets the government budget in our government, why are members of the executive branch being given that power?

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              • 50%
                Klarissa5 months, 1 week ago

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                Mesodude said, "Who cares, Klarissa? Life is too short. Why are you posting this horsesh*t?"

                Because I believe in the constitution and the balance of powers.

                Obama is succeeding in making himself a dictator, and like the Germans before WWII, we are letting it happen.

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              • 67%
                Klarissa5 months, 1 week ago

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                You all can argue the title of "czar" all you want. Try putting that word aside for a minute, and think about the POSITION that has absolute power over THE CABINET.

                The tradition of the Cabinet dates back to the beginnings of the Presidency itself. Established in Article II, Section 2, of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office.

                The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.

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                • 56%
                  Wolfie20075 months, 1 week ago

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                  If messydude doesn't care why does he hang around and post these childish comments?

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                • 50%
                  lloydm655 months, 1 week ago

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                  This is the real Robert Byrd,the Byrd I woke up to watch,and hear the repeats of his C-Span speeches all through the eighties.Not the Byrd who said on Larry King show that Clinton was guilty of perjury,obstruction,and then vote not guilty at the trail.Not Byrd who watch his state vote overwhelmingly for Hillary Clinton,then on the same day walk cast his ballot for Obama.God Bless you senator.

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                • 100%
                  djn3nunez35 months, 1 week ago

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                  You can get a list of the "Czars" and their offical titles here.

                  http://www.examiner.com/x-12465-Washington-County-...

                  Bizzare Czar anyone?

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                • 100%
                  JEBUS085 months, 1 week ago

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                  who is going to watch these czars? - i recommend a Czar Czar, not to be confused with Zsa Zsa

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