While many people contend that the mainstream media is biased, I’m always been content to assert that by and large they are just stupid and lazy. Case in point, this CNN.com article on “czars,” which contains that following line:
But the positions are not subject to congressional oversight or Senate confirmation, which rankles critics of the administration.
As the point below explains, this is just WRONG, WRONG, WRONG, and WRONG again. Czars are just as subject to congressional oversight as any other position in the government. I have no idea where this idea originated, but I’d like to dispel it as quickly as possible. There is nothing that a czar can, should, or could do that is beyond the scope of congressional oversight. The only thing that stops congressional oversight is congressional will to conduct it or lack of political importance in an issue. Legally, there is no barrier to oversight of a “czar.” If you don’t simply take my word for it, consider these pronouncements from the United States Supreme Court:
According to the Supreme Court Congress’s oversight power is essential to the legislative function as to be implied from the general vesting of legislative powers in Congress. See, e.g., Nixon v. Administrator of General Services, 433 U.S. 435 (1977); Eastland v. United States Servicemen’s Fund, 421 U.S. 491 (1975); Barnblatt v. United States, 360 U.S. 109 (1959); Watkins v. United States, 354 U.S. 178 (1957); McGrain v. Daugherty, 273 U.S. 135 (1927). In Eastland v. United States Serviceman’s Fund, for instance, the Court stated that the “scope of its power of inquiry…is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.” 421 U.S. at 504, n. 15 (quoting Barenblatt, supra, 360 U.S. at 111). Also, in Watkins v. United States, the Court emphasized that the “power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes.” See 354 U.S. at 187. The Court further stressed that Congress’s power to investigate is at its peak when focusing on alleged waste, fraud, abuse, or maladministration within a government department. Specifically, the Court explained that the investigative power “comprehends probes into departments of the federal government to expose corruption, inefficiency, or waste.” Id. The Court went on to note that the first Congresses held “inquiries dealing with suspected corruption or mismanagement of government officials.” Id. at 182. Given these factors, the Court recognized “the power of the Congress to inquire into and publicize corruption, maladministration, or inefficiencies in the agencies of Government.” Id. at 200, n. 33
If that doesn’t convince folks, I’m afraid I don’t know what will.
