DFK! wrote:
Rafael wrote:
Granted, this is predicated on the idea that these "Czars" are not employed by the Federal Government or Public Treasury.
I'm confused. Are you speaking hypothetically? The czars are government employees.
In summary, I find nothing wrong with these so called Czars given that they function in the capacity as advisors. Even if The President allows them to function in his capacity in regards to matters of their alleged expertise, there is still nothing I find wrong about it. He is using his discretion to employ resources he thinks best execute his Office. In this way, I find no tangible difference between using Czars or any other resource. All that should matter is that he executes his oath to defend The Constitution.
However, these Czars cannot exist as government employees as no provisions exist in The Constitution to employ them on a payroll except if The Supreme Court can read this out of Article 2 of The Constitution:
The United Stated Constitution wrote:
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He 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 consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise 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.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
The second clause of A2S2 (perhaps Cabinet member fall into here?) allows for appointment, but not the Czars I am hypothesizing, since it is still discretionary by Congress. Though, the court could make the case that such discretion is and has implicity belonged to The President.
Section 3 mentions making recommendations to the consideration of Congress as The President judges necessary and expedient. It seems plausible that so-called Czars could be instruments by which The President performs this function, though no allowance is made for their pay, of course.
In my mind, the Czars could be interpreted as The President calling up his uncle for good advice, should he trust the advice direct his action in a way that faithfully executes his Oath. Such is not that case them being publicly paid officials, except if the SCotUS made a case from Sections 2 or 3. Section 1 doesn't apply.
And take this with a grain of salt of course. I'm not a lawyer, much less extremely well verse in Constitutional Law, but I think The Constitution is a simple and straightforward enough document that all citizens should be able to understand every single character in it. After all, the citizens are the ultimate defenders of The Constitution, when distilled to its bare elements.