Sen. Russ Feingold (D-Wis.) made good on his promise to hold hearings on the constitutionality of President Obama's "czars." In a Tuesday afternoon hearing on the Judiciary subcommittee on the Constitution, of which Feingold is chairman, the senator worked through a list of criticized nominees whose un-approved appointments he believes may circumvent the Senate's advise-and-consent role. The administration did not send a representative to the hearing, but sent a three-page letter detailing the positions of the 18 appointees under examination.
White House counsel Greg Craig said in the letter that the czars work within federal agencies and wield no independent legal authority. Their records are open and they are required to testify before Congress, Craig added in addressing senators' concerns that the advisers work beyond congressional oversight. Craig detailed previous presidents who had set a precedent for appointing such advisers, but did admit that Obama has created a "small number" of new roles.
Five witnesses testified at the hearing,
most of them law professors. The Homeland Security subcommittee will hold another hearing next week to look at the number of czars and the slightly expanded role of advisers in the Obama administration.
Senators Take On Czar Wars [The Caucus/New York Times]