So I've been wondering just HOW in the world we're going to end run Congress and boot all these Czars out of government. The idea that I've come up with is a class action lawsuit naming the President and each of his Czars. Obviously, these made up positions are Unconstitutional, but the Supreme Court cannot do anything about them unless Congress starts the proceeding. Congress clearly is NOT going to do that at this point. However, if We the People rise up in a civil lawsuit against them, we could, in theory, get an injunction preventing them from taking ANY action at all. This would render them useless. Sure we may not be able to get them booted out of government, but at least they wouldn't be able to do anything.
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Sometimes I think that government fits that old-fashioned definition of a baby: An alimentary canal with an appetite at one end and no sense of responsibility at the other.
- Ronald Reagan
I hope that idea works. I really doubt it, though. I think there is a Constitutional hangup regarding the fact that these are directly under the Presidential Executive umbrella.
Congress can de-fund them, indirectly if not directly, but as you pointed out, we currently have the fox guarding the hen house, so THAT is not likely.
The Founding Fathers never really anticipated a Congress that would willingly allow such limitless amounts of what is rightly their power being transferred to the Executive Branch.
The fact that their entire leadership is so ideologically committed to a belief-set like socialism/fascism that was also very foreign to the Founders has something to do with the problem.
Without the Balance of Powers, THIS happens.
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tripleblack
"You can never be free until you let yourself go."
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, and all other offices of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
I can understand how he'd be allowed by the Constitution to appoint people to offices already created before he was sworn in. What I'm not seeing is the Constitutional privilege to outright create positions of power that are neither elected nor confirmed by Congress and grant them power to make policy. This is the crux of the issue. The man has completely circumvented the Constitution by doing so.
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Sometimes I think that government fits that old-fashioned definition of a baby: An alimentary canal with an appetite at one end and no sense of responsibility at the other.
- Ronald Reagan
Note: "...and all other offices of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments."
Unless the Congress stops the process, the power stays with the President. Somehow, I find the phrase "...inferior officers...or in the heads of departments" unreassuring.
But Congress can DEFINE these things, and by doing so, exercise power over them. Same situation with the Supreme Court.
But just as with SCOTUS, they tend to leave things be if the wind is blowing their way, and they see benefit to their agendas, with little risk.
Quote:
Originally Posted by BlueStreak03
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, and all other offices of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
I can understand how he'd be allowed by the Constitution to appoint people to offices already created before he was sworn in. What I'm not seeing is the Constitutional privilege to outright create positions of power that are neither elected nor confirmed by Congress and grant them power to make policy. This is the crux of the issue. The man has completely circumvented the Constitution by doing so.
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tripleblack
"You can never be free until you let yourself go."
I say we arm them all with swords. And when they fall on them . . . which they will . . . end of problem.
I see that happening right now with Obamacare in the Senate.
Snowe (R-Maine) and a double handful of Democrats from conservative or swing states are looking square at political sepuku if they vote for it, and the seniors band together and vote them out next election (which they will - they have long memories and VOTE).
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tripleblack
"You can never be free until you let yourself go."