Comments on: Czar Wars http://www.concurringopinions.com/archives/2009/09/czar-wars.html The Law, the Universe, and Everything Tue, 14 Feb 2012 04:41:30 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Brett Bellmore http://www.concurringopinions.com/archives/2009/09/czar-wars.html/comment-page-1#comment-65605 Brett Bellmore Tue, 22 Sep 2009 10:59:49 +0000 http://www.concurringopinions.com/?p=20568#comment-65605 Of course there's a constitutional problem: The President can ask advice of anybody he wants, but if he <i>pays them federal funds</i> to give that advice, THEN they're officers of the federal government, in need of Senate confirmation. And if they're wielding that much power, the claim that they're inferior officers is going to be rather hard to defend. Of course there’s a constitutional problem: The President can ask advice of anybody he wants, but if he pays them federal funds to give that advice, THEN they’re officers of the federal government, in need of Senate confirmation. And if they’re wielding that much power, the claim that they’re inferior officers is going to be rather hard to defend.

]]> By: DCLawyer http://www.concurringopinions.com/archives/2009/09/czar-wars.html/comment-page-1#comment-65600 DCLawyer Mon, 21 Sep 2009 21:26:41 +0000 http://www.concurringopinions.com/?p=20568#comment-65600 I'm not sure a Czar could be subject to Senatorial confirmation as that is mandated for Officers of the United States. Would a Czar be an "inferior officer"? If so, could he still be required to under confirmation by the Senate? I know one thing for certain - if this were a Republican president, there would be a LOT of angst from the academy about centralization of power, the "Imperial presidency," the undermining of cabinet government, etc., etc. Of course, conversely, there wouldn't be op-eds from GOP senators questioning their constitutionality. I’m not sure a Czar could be subject to Senatorial confirmation as that is mandated for Officers of the United States. Would a Czar be an “inferior officer”? If so, could he still be required to under confirmation by the Senate?

I know one thing for certain – if this were a Republican president, there would be a LOT of angst from the academy about centralization of power, the “Imperial presidency,” the undermining of cabinet government, etc., etc. Of course, conversely, there wouldn’t be op-eds from GOP senators questioning their constitutionality.

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