This is one of the Sections that has been abused of late by Presidents, as it stands now President Obama has appointed what the Media and Congress think are the most “Czars” a President has appointed, however I think he is right close to President George W.Bush’s number.
Regardless of who has had the most, the problem with these positions is they are not confirmed by the Senate as outlined in Section 2 of Article 2 of the US. Constitution.
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.
What this does, is allow for a sitting President to appoint both a Cabinet member who must be confirmed by the Senate as well as a Czar who is not Confirmed by the Senate.
Giving the President the ability to give tasks to the so called “Czars” that he does not or may not want Congress to know about. Since the Czars can claim Executive Privilege while a Cabinet Member can not. This is why some people have started calling this, “The Shadow Government”. Since it bypasses the Checks and Balances that our Founding Fathers wrote into the Constitution.
