In Federalist # 48, James Madison talked about the importance of separation of powers:
It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it. After discriminating, therefore, in theory, the several classes of power, as they may in their nature be legislative, executive, or judiciary, the next and most difficult task is to provide some practical security for each, against the invasion of the others.
President Obama has been ignoring the constitution as it deals with presidential appointees. The constitution direct that Presidential appointees report to the chief executive but with the advice and consent of congress. Appointees were approved by Senate, and once approved had to answer the questions of both houses.
While other president’s have appointed “Czars” none have appointed the number of Czar’s that Obama has named some say the number is over 40 most of them is. And that doesn’t include “special ambassadors” such as George Mitchell who works directly with the President.
Make no mistake, the reason for all of the Czar appointments is to circumvent the Constitution and to create an imperial Presidency. These Czars do not have to be approved by the Senate, nor do they have to answer questions posed by congress. President Obama creates these Czars to hide policy and to back away from the pledge of transparency he made during the early days of his presidency.
Finally the senate is getting involved Sen. Russ Feingold, D-Wisc has announced he will hold hearings into Obama’s Czars.
OFFICIAL HEARING NOTICE / WITNESS LIST: September 29, 2009
NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary, Subcommittee on the Constitution has scheduled a hearing on “Examining the History and Legality of Executive Branch ‘Czars'” for Tuesday, October 6, 2009 at 2:00 p.m. in Room 226 of the Senate Dirksen Office Building.
Chairman Feingold will preside
By order of the Chairman
By Don | September 30, 2009
The White House is being asked to defend the constitutionality of the “czars” that president Obama has appointed.
From ABC News’ Jake TapperSen. Russ Feingold, D-Wisc., announced today that his Judiciary subcommittee on the Constitution will hold a hearing “Examining the History and Legality of Executive Branch ‘Czars’” on Tuesday October 6.Earlier this month the liberal lawmaker asked the White House to identify the czars’ “roles and responsibilities, and provide the judgment(s) of your legal advisors as to whether and how these positions are consistent with the Appointments Clause” in Article II, section 2 of the Constitution, which states that the President “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.”Previous presidents have made ample use of the privilege to appoint executive branch experts who are not confirmed by the Senate and oversee one particular area, but experts say President Obama has done so to an unprecedented degree.In April, David Rothkopf wrote at the Foreign Policy blog with the appointment of a Border Czar, President Obama had more czars than the Romanovs.
I doubt that Feingold will decalre that the “czars” are unconstitutional but the hearlings may bring unwanted attention to Obama’s runaway appointments of them.