SUBSIM Radio Room Forums - View Single Post - H.R.3226 - Czar Accountability and Reform (CZAR) Act of 2009

Platapus · 09-09-09, 08:38 PM

The key term is "inappropriately appointed".

Under Pub. L. No. 76-19, 53 Stat. 561, 5 USC 133 (1939) Aka "the Reorganization Act of 1939), the president is allowed to appoint, without the advise and consent of the Senate, advisors. There are some exceptions in that some of these advisors do require Senate consent.

So if the President appoints someone under the auspices of PL 76-19, they would not be "inappropriately appointed" and therefore not addressed under the proposed HR 3226.

It would only apply if the President were to appoint someone to a position that requires Senate consent, without getting Senate consent. And the likelihood of any President doing that is slim.

Now if legislation is being discussed that will change PL 76-19 to require all Presidential advisors to be confirmed by the Senate, that would require a change or dismissal of PL 79-19.

I would not be in favour of such action. The President, in accordance with applicable laws such as PL 76-19 should be able to consult with advisors of his choosing and not those of the Senate's choosing.

It should also be noted that not all US "czars" are appointed by the President. There are some that are appointed by cabinet members.

09-09-09, 08:38 PM	#4
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,437 Downloads: 63 Uploads: 0	The key term is "inappropriately appointed". Under Pub. L. No. 76-19, 53 Stat. 561, 5 USC 133 (1939) Aka "the Reorganization Act of 1939), the president is allowed to appoint, without the advise and consent of the Senate, advisors. There are some exceptions in that some of these advisors do require Senate consent. So if the President appoints someone under the auspices of PL 76-19, they would not be "inappropriately appointed" and therefore not addressed under the proposed HR 3226. It would only apply if the President were to appoint someone to a position that requires Senate consent, without getting Senate consent. And the likelihood of any President doing that is slim. Now if legislation is being discussed that will change PL 76-19 to require all Presidential advisors to be confirmed by the Senate, that would require a change or dismissal of PL 79-19. I would not be in favour of such action. The President, in accordance with applicable laws such as PL 76-19 should be able to consult with advisors of his choosing and not those of the Senate's choosing. It should also be noted that not all US "czars" are appointed by the President. There are some that are appointed by cabinet members. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.