Skip to main content

Senator Robert Byrd (!?) challenges centralization of power in the Exeuctive Branch...

From Politico via h/t Real World Libertarian:

In a letter to Obama on Wednesday, Byrd complained about Obama’s decision to create White House offices on health reform, urban affairs policy, and energy and climate change. Byrd said such positions “can threaten the Constitutional system of checks and balances. At the worst, White House staff have taken direction and control of programmatic areas that are the statutory responsibility of Senate-confirmed officials.” 



While it's rare for Byrd to criticize a president in his own party, Byrd is a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House. Byrd no longer holds the powerful Appropriations chairmanship, so his criticism does not carry as much weight these days. Byrd repeatedly clashed with the Bush administration over executive power, and it appears that he's not limiting his criticism to Republican administrations.

Byrd also wants Obama to limit claims of executive privilege while also ensuring that the White House czars don’t have authority over Cabinet officers confirmed by the Senate. …. 


“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,” Byrd wrote. “They rarely testify before congressional committees, and often shield the information and decision-making process behind the assertion of executive privilege. In too many instances, White House staff have been allowed to inhibit openness and transparency, and reduce accountability.” ……


What happens in times of crisis (thank you, Rahm Emmanuel) is not so much that government assumes new powers, because that's pretty much what government does.

What happens is that times of crisis are used as explanations why pragmatism should replace principle because we can suddenly no longer afford the deliberative democratic process.

Never thought I'd be complimenting Senator Byrd (and I'm sure some commenter will tell me I should remember he's a former Klansman, whines a lot, and has been a long-term advocate for increasing government power, as if I didn't know), but when anybody gets it right, they deserve the credit.

Comments

Ace of Spades HQ had this story posted yesterday. The title of the post was:

Noted KKK Kleagle Pans Black President for Acting Unconstitutionally, Uppity

Heh.
I never thought I'd say this but, way to go Byrd.
Given how much of the executive branch he has removed to the State of Byrd,, fuck him. He's a half-senile old man who take sit as a personal offense if presidents don't kneel before him and kiss his old Klan ring before doing anything.

You nailed Thurmond for staying too long? Same medicine to Byrd.
Delaware Watch said…
"What happens is that times of crisis are used as explanations why pragmatism should replace principle because we can suddenly no longer afford the deliberative democratic process."

It's my impression that "principle" very often comes in the singular for you; rarely the plural. It seems that you have one principle in mind and that you rarely recognize other, especially competitive, principles. Am I wrong? If not, what are the principleS you think are relevant?
Dana
To be brutally honest, you have read far too much into my literary and grammatical penchant for making sure that items in a sentence like that do not mix singular and plurals. Seriously. I actually edited out the "s" on principle because I didn't like the way it read.

That said, I have at least one and one-half principles...

This one in particular is a constitutional principle: separation of powers.

I have objected in the past to the existence of a drug czar and an intelligence czar, as well as the idea of an automotive industry czar.

These informal arrangements, with no constitutional accountability such as the heads of departments have, strike me as unwise ... on general principle(s).

Why isn't being Secretary of HHS automatically being the "Health Care Czar" without establishing a duplicative office and staff organization?
Anonymous said…
I feel like the principle that gets omitted from both sides of any debate is process:

Czar's are an expansion of executive power.

Separation of Powers, as a doctrine, doesn't prohibit this, it encourages the other branches to strike back. This is the process.

Politics is defined by the success each branch has in checking the other, and - like I said in my blog - I think it's good to see that even with a single party in control, challenges look like they will surface against too much centralization by Obama.

Popular posts from this blog

The Obligatory Libertarian Tax Day Post

The most disturbing factoid that I learned on Tax Day was that the average American must now spend a full twenty-four hours filling out tax forms. That's three work days. Or, think of it this way: if you had to put in two hours per night after dinner to finish your taxes, that's two weeks (with Sundays off). I saw a talking head economics professor on some Philly TV channel pontificating about how Americans procrastinate. He was laughing. The IRS guy they interviewed actually said, "Tick, tick, tick." You have to wonder if Governor Ruth Ann Minner and her cohorts put in twenty-four hours pondering whether or not to give Kraft Foods $708,000 of our State taxes while demanding that school districts return $8-10 million each?

New Warfare: I started my posts with a discussion.....

.....on Unrestricted warfare . The US Air force Institute for National Security Studies have developed a reasonable systems approach to deter non-state violent actors who they label as NSVA's. It is an exceptionally important report if we want to deter violent extremism and other potential violent actors that could threaten this nation and its security. It is THE report our political officials should be listening to to shape policy so that we do not become excessive in using force against those who do not agree with policy and dispute it with reason and normal non-violent civil disobedience. This report, should be carefully read by everyone really concerned with protecting civil liberties while deterring violent terrorism and I recommend if you are a professional you send your recommendations via e-mail at the link above so that either 1.) additional safeguards to civil liberties are included, or 2.) additional viable strategies can be used. Finally, one can only hope that politici

More of This, Please

Or perhaps I should say, "Less of this one, please." Or how about just, "None of them. Ever again. Please....For the Love of God." Sunshine State Poll: Grayson In Trouble The latest Sunshine State/VSS poll shows controversial Democratic incumbent Alan Grayson trailing former state Senator Dan Webster by seven points, 43 percent to 36 percent. A majority of respondents -- 51 percent -- disapprove of the job that Grayson is doing. Independents have an unfavorable view of him as well, by a 36/47 margin. Grayson has ignored the conventional wisdom that a freshman should be a quiet member who carefully tends to the home fires. The latest controversy involves his " Taliban Dan " advertisement, where he explicitly compares his opponent to the Taliban, and shows a clip of Webster paraphrasing Ephesians 5:22 -- "wives, submit to your husbands." An unedited version of the clip shows that Webster was actually suggesting that husba