John D. Copeland
Editor's note: This is the second in a two-part series on the ethical and legal issues raised by president Obama's appointment of czars to his administration.
Some members of Congress believe the president's czars exercise power exceeding that of cabinet secretaries. It is difficult to know, however, the full extent of any czar's power or influence because the czars often operate in secrecy.
Failure of transparency
While campaigning for president, Obama accused the Bush administration of repeatedly using the cloak of executive privilege to keep the American people uninformed on the administration's decisions. Obama promised to open his administration to greater public scrutiny and later sent a memorandum to all executive departments and agencies that said, "A democracy requires accountability, and accountability requires transparency." The president, however, ignores his own memo and breaks his promise of transparency in appointing 44 czars with power over every sector of America's government, economy and society.
Sen. Robert Byrd, D-W. Va., sent Obama a letter critical of the use of czars. Byrd noted that Congress approves and funds cabinet secretaries. Congress can subpoena cabinet secretaries to give testimony and explain their actions. When subpoenaed, cabinet secretaries must appear and testify before the appropriate committee or risk being in contempt of Congress.
Congress cannot, however, order the president's czars to testify. Since the president appoints them, and they answer only to him, czars can claim executive privilege.
Rep. Jack Kingston, R-Ga., wants to stop the president from one-sidedly appointing czars. Kingston and 34 co-sponsors recently introduced House Resolution 3226, the Czar Accountability and Reform Act of 2009. The act prohibits use of any appropriated funds to pay the salaries or expenses of any individual inappropriately appointed by the president to head a task force, council or similar position. An inappropriate appointment is an individual the president appoints without Senate advice or consent.
Bizarre czars
Good reasons exist for Obama's reluctance to let the public know more about his czars. Controversial pasts and bizarre ideas taint some of them.
For example, science czar John Holdren co-authored the controversial book, "Ecoscience," which warns of a catastrophic, worldwide explosion of a population bomb. Among the authors' suggested ways of avoiding it is mass sterilization by artificially medicating municipal water supplies and forcing unmarried pregnant women to marry or get abortions. Holdren and company also suggest inducing economic catastrophes in underdeveloped countries to reduce populations. After all, what is more effective in reducing populations than war, famine and disease?
Former green jobs czar Van Jones is a self-described communist, which makes his czar title ironic. Jones' past associations include the radical, ultramilitary organizations Weather Underground and Students for a Democratic Society. He resigned recently when controversy arose over a petition he signed after the terrorists' attack on the World Trade Center. The petition accused the Bush administration of having prior knowledge of the attack. Jones said he did not read the petition before he signed it and that he does not believe its accusation. Regardless of the resignation, speculation exists that Jones remains close to Obama.
Carol Browner, Obama's climate czar, served as head of the U.S. Environmental Protection Agency under President Clinton. Browner belongs to some radical organizations, including Socialist International and the Commission for a Sustainable World. She advocates for shrinking the economies of developed countries, including the U.S., to benefit underdeveloped countries. Browner also favors imposing international taxes on people and businesses to provide resources to combat global warming.
Diversity czar Mark Lloyd expresses frightening views on the First Amendment. Lloyd despises conservative talk radio programs and wants more government control of the media. He admires Venezuela's increasingly dictatorial Hugo Chavez and praises his efforts to eliminate privately owned media outlets.
It is difficult to know what other disturbing ideas possess the president's czars, since czars can exercise their powers like the Wizard of Oz, hiding behind curtains and pulling unseen levers. These czarist wizards, however, exercise real, and potentially dangerous, power.
John D. Copeland, J.D., LL.M., Ed.D., is an executive in residence at The Soderquist Center for Leadership and Ethics and a retired professor of business at John Brown University in Arkansas. He can be reached at jdcethics@gmail.com.
