By Alan Caruba Saturday, August 29, 2009
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."…..
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