Editore"s Note
Tilting at Windmills

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

February 25, 2009

WHAT'S THE OPPOSITE OF A RUBBER-STAMP?.... Senate Pro Tempore Robert Byrd (D-W.Va.) has noticed that the White House has appointed a series of policy "czars" in the Obama administration cabinet, covering issues as diverse as healthcare and climate change. Byrd has also noticed that these "czars" don't need Senate confirmation and may be protected, in theory, by executive privilege.

And he's not happy about it.

"Too often, I have seen these lines of authority and responsibility become tangled and blurred, sometimes purposely, to shield information and to obscure the decision-making process," Byrd wrote in the letter.

"As presidential assistants and advisers, these White House staffers are not accountable for their actions to the Congress, to cabinet officials, and to virtually anyone but the president," he continued. "In too many instances, White House staff have been allowed to inhibit openness and transparency, and reduce accountability."

Byrd also urged the president to prohibit the right of executive privilege from appointees' in agencies overseen by the Senate.

Two quick things. First, Byrd is probably right. The "czars" operate, as practical matter, as heads of offices that sort of look like presidential taskforces. Obama has vowed transparency and accountability, and I suspect he means it, but this current mechanism could be improved to satisfy the needs of congressional oversight.

And second, good for Byrd for calling Obama out on this. Congress is ... what's the phrase I'm looking for here ... an independent branch of the government. The concept of oversight was effectively banished from 2001 to 2006, and the "rubber-stamp" phenomenon took hold. Congressional Republicans simply did what Bush and Cheney told them to do. It led to almost comical levels of secrecy and abuse, with no accountability at all.

I don't doubt the new majority party will work with the White House on the president's agenda. They're largely on the same page, have the same goals, and are content to let Obama take the lead in establishing priorities. All of that's fine. In a time like this, I'm thrilled there's a president and a Congress ready to work together on an ambitious policy agenda.

But checks and balances still count, and Congress still has oversight responsibilities. It's good of Byrd to remember that.

Steve Benen 4:30 PM Permalink | Trackbacks | Comments (17)
 
Comments

I'm all for checks and balances, but executive privilege? I'm not sure that is the answer. As I understand it, these czars don't get funding directly from Congress. They get it through the agencies. As such, Congress still has the right to demand accountability. Is there a significant difference here between a czar and a deputy secretary?

Posted by: Danp on February 25, 2009 at 4:35 PM | PERMALINK

I think Byrd does have a point as well. I'm reminded of the mechanisms Cheney used to get advisers sympathetic to him in staff positions, namely the deputy secretary positions. It was precisely BECAUSE these positions are difficult to hold accountable, and require no congressional approval for seating, that Cheney exploited them for his own political puppeteering.

Posted by: JWK on February 25, 2009 at 4:44 PM | PERMALINK

Agreed with Byrd and CB. Force the accountability and transparency now, which could become useful when someone we really don't like gets into the White House in the future.

Posted by: Franklin on February 25, 2009 at 4:47 PM | PERMALINK

The issue also recently came up where a Republican got haughty about the Obama administration's use of e-mails to allegedly evade sunshine laws. While this concern trolling is certainly outrageous in the context of the Bush regime's sociopathic obsession with secrecy, I think that it is another reminder that we Democrats need to make certain that we hold our friends to the same standards we would our political rivals. We need laws to force all administrations to do the work of the public out in the open rather than behind closed doors. It is up to the congress to ensure we achieve this openness.

Posted by: candideinnc on February 25, 2009 at 4:55 PM | PERMALINK

Am I missing something here? These czars merely serve to galvanize executive authority that Obama already has. What makes them different from any other staffer in the West Wing?

Posted by: Scott F. on February 25, 2009 at 5:02 PM | PERMALINK

Steve, you're putting it too mildly.

It's a clear subversion of Constitutional checks and balances.

I don't totally like our current Constitution, but it's the one that's operative right now.

This isn't a GOP vs. Dem issue, either. Frankly, I think it's arguable that the WH Chief of Staff needs Senate confirmation. I personally don't think he or she does, but I do think it's arguable.

Posted by: SocraticGadfly on February 25, 2009 at 5:07 PM | PERMALINK

Scott -- Czars are designed to set policy.

It's also a bad idea, bureaucracy-wise. Cooks and broth, etc. At its worst, it can lead to government by ad hoc situation. It also undermines authority of Cabinet secretaries.

Take Treasury. Especially since I know Summers is a Geithner mentor, if I'm an investment banker, why should I talk with little Timmy G?

Posted by: SocraticGadfly on February 25, 2009 at 5:10 PM | PERMALINK

tough talk is cheap once the bully leaves the playground.

byrd and others in the senate/house would be better served if they stopped reminding everyone what complete and utter failures they were at oversight during the last eight years.

Posted by: karen marie on February 25, 2009 at 5:15 PM | PERMALINK

SocraticGadfly - what prevents Congress from calling Summers to testify, and what would an executive privelege promise do to prevent the talk with the investment banker?

Executive Privilege can certainly be abused, but I don't see the argument that it should be based on whether someone is confirmed by the Senate.

Posted by: Danp on February 25, 2009 at 5:21 PM | PERMALINK

forest for the trees, people.

Is Obama cooking up some nefarious plot to expand power? Or, is he broadening his administrations ability of gather data and cope with the complexities of running the most powerful nation on earth? I agree oversight is needed, but I'm even more pleased that government is being taken seriously.

GOP model- Let a vast legion of underlings and incompetent party hacks supply all the data and info for Cheney and Rove to chew on. e-mail tracking free.

Obama model-(hopefully) Place competent department leaders, who will themselves place competent staff, and so on and so on. Real, raw data then can be brought back up the chain of organization. The more e-mail tracking, the better.

Posted by: palinoscopy on February 25, 2009 at 6:04 PM | PERMALINK

administration'[S] ability [TO] gather data

-fixed

Posted by: palinoscopy on February 25, 2009 at 6:08 PM | PERMALINK

So, you're basically saying it's OK ("All that's Fine") if THIS Congress "... works together with the Prez on an ambitious policy agenda" but that the PREVIOUS Congress and Chief Exec should not have had that right?
Bush + GOP + Agenda + Solidarity = Bad; BO + Dems + Agenda + Solidarity = Good point, thanks for pointing that out; now go back to sleep, Bob.
If Bush would have set up "czars" you guys would have had a field day bashing him more than ever.

Posted by: MediaObserver on February 25, 2009 at 7:10 PM | PERMALINK

Yes it all comes back to them now that Bush/Cheney are gone. Now they are concerned with accountability...and rightly so...but 8yrs late it seems.

Posted by: bjobotts on February 25, 2009 at 10:46 PM | PERMALINK

It led to almost comical levels of secrecy and abuse, with no accountability at all.

The Republicans did lose their majorities, so it wasn't "no accountability at all".

Congress can refuse to fund the positions if it decides that abuses are really occurring. This is another way in which Obama is trying (as many presidents have tried) to enlarge the power of the presidency.

Posted by: MatthewRMarler on February 25, 2009 at 11:34 PM | PERMALINK

It is especially important that now, early in the Obama Admin, that Byrd do this and set the tone. At first I was indignant at Byrd, but now I understand his perspective, and agree with him. We need constitutional organization for the WH. I hope that Obama pays attention to this.

Posted by: POed Lib on February 26, 2009 at 7:41 AM | PERMALINK

Byrd has a point. If there were only 6 Cabinet positions, I would even say he is right. But our current ginormous Cabinet is completely unmanageable by a single President. Without a White House staff control structure, the Cabinet agencies would be in effect independent agencies. And that has its own Constitutional problems.

The Constitutional sins balance out. Good management wins the tie. This might be the only good idea that has come out of the Bush administration.

Posted by: Joe S. on February 26, 2009 at 7:58 AM | PERMALINK

Gotta love how suddenly Congress has awoken from its 8 year snooze alarm with regard to Executive Powers...too little too late guys- you gave Bush too many passes.NOW you start taking notice???
Yeah good for themto take notice but suddenly they have a spine when a President who runs on transparency in Government and accountability gets elected. The Captain Obvious award goes to Byrd.

Posted by: NommeDeGuerrilla on February 26, 2009 at 8:01 AM | PERMALINK




 

 
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

Advertise in WM

Advertise in College Guide






Search Now:
In Association with Amazon.com


Place Your Link Here

---Paid Advertisements---

Payday Loans

Personal Loans

Addiction Treatment

Phone Cards

Less Debt = Financial Freedom

Addiction Treatment Programs

Credit Cards & Debt Consolidation

Bad Credit Loans

Vacation Rentals