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President's Czars Undermining Congress and the Constitution

ISBN-10: 0700618368
ISBN-13: 9780700618361
Edition: 2012
List price: $24.95
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Description: Faced with crises that would challenge any president, Barack Obama authorized "pay czar" Kenneth Feinberg to oversee the $20 billion fund for victims of the BP oil spill and to establish-and enforce-executive pay guidelines for companies that  More...

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Book details

List price: $24.95
Copyright year: 2012
Publisher: University Press of Kansas
Publication date: 4/27/2012
Binding: Paperback
Pages: 312
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.034
Language: English

Faced with crises that would challenge any president, Barack Obama authorized "pay czar" Kenneth Feinberg to oversee the $20 billion fund for victims of the BP oil spill and to establish-and enforce-executive pay guidelines for companies that received $700 billion in federal bailout money. Feinberg's office comes with vastly expansive policy powers along with seemingly deep pockets; yet his position does not formally fit anywhere within our government's constitutional framework. The very word "czar" seems inappropriate in a constitutional republic, but it has come to describe any executive branch official who has significant authority over a policy area, works independently of agency or Department heads, and is not confirmed by the Senate-or subject to congressional oversight. Mitchel Sollenberger and Mark Rozell provide the first comprehensive overview of presidential czars, tracing the history of the position from its origins through its initial expansion under FDR and its dramatic growth during the presidencies of George W. Bush and Barack Obama. The President's Czars shows how, under pressure to act on the policy front, modern presidents have increasingly turned to these appointed officials, even though by doing so they violate the Appointments Clause and can also run into conflict with the nondelegation doctrine and the principle that a president cannot unilaterally establish offices without legislative support. Further, Sollenberger and Rozell contend that czars not only are ill-conceived but also disrupt a governing system based on democratic accountability. A sobering overview solidly grounded in public law analysis, this study serves as a counter-argument to those who would embrace an excessively powerful presidency, one with relatively limited constraints. Among other things, it proposes the restoration of accountability-starting with significant changes to Title 3 of the U.S. Code, which authorizes the president to appoint White House employees "without regard to any other provision of law." Ultimately, the authors argue that czars have generally not done a good job of making the executive branch bureaucracy more effective and efficient. Whatever utility presidents may see in appointing czars, Sollenberger and Rozell make a strong case that the overall damage to our constitutional system is great-and that this runaway practice has to stop.

Theodore B. Creighton is currently a Professor and Program Leader in the Department of Educational Leadership and Policy Studies at Virginia Tech. Prior to joining the faculty at Virginia Tech, he served as Director of the Center for Research and Doctoral Studies in Educational Leadership at Sam Houston State University and as a Professor in Educational Leadership at Idaho State University. His background includes teaching atnbsp;all grade levels in Washington, D.C.; Cleveland, Ohio; and Los Angeles, California. His administrative experience includes serving as principal and superintendent in both Fresno and Kern Counties, California. He holds a BS degree in teacher educationnbsp;from Indiana University of Pennsylvania,nbsp;a master's degree in educational administration fromnbsp;California State University Long Beach,nbsp;and a doctorate from the University of California Davis. Though active in many professional organizations, he devotes considerable time to his role as Executive Director of the National Council of Professors of Educational Administration. He also serves as a member of the National Policy Board for Educational Administration (NPBEA), and as a Stafford Faculty Fellow for the National Institute on Leadership, Disabilities and Students Placed at Risk (NILDSPAR). He recently was appointed as Project Director of the Connexions Knowledge Base Project, an international initiative in collaboration with Rice University charged with assembling the knowledge base in educational administration. His research includes examining the forces of the school principalship, and he is widely published in the area of schools with alternative forms of school leadership.Theodore B. Creighton is currently a Professor and Program Leader in the Department of Educational Leadership and Policy Studies at Virginia Tech. Prior to joining the faculty at Virginia Tech, he served as Director of the Center for Research and Doctoral Studies in Educational Leadership at Sam Houston State University and as a Professor in Educational Leadership at Idaho State University. His background includes teaching atnbsp;all grade levels in Washington, D.C.; Cleveland, Ohio; and Los Angeles, California. His administrative experience includes serving as principal and superintendent in both Fresno and Kern Counties, California. He holds a BS degree in teacher educationnbsp;from Indiana University of Pennsylvania,nbsp;a master's degree in educational administration fromnbsp;California State University Long Beach,nbsp;and a doctorate from the University of California Davis. Though active in many professional organizations, he devotes considerable time to his role as Executive Director of the National Council of Professors of Educational Administration. He also serves as a member of the National Policy Board for Educational Administration (NPBEA), and as a Stafford Faculty Fellow for the National Institute on Leadership, Disabilities and Students Placed at Risk (NILDSPAR). He recently was appointed as Project Director of the Connexions Knowledge Base Project, an international initiative in collaboration with Rice University charged with assembling the knowledge base in educational administration. His research includes examining the forces of the school principalship, and he is widely published in the area of schools with alternative forms of school leadership.Mark J. Rozell is professor of public policy at George Mason University.

Preface
Czars and the U.S. Constitution
The Origins and Growth of Executive Branch Czars
Franklin D. Roosevelt: Czars in the Modern Presidency
Harry S. Truman-Lyndon B. Johnson: Consolidating the Use of Czars
Richard M. Nixon-Jimmy Carter: Congress's Feeble Response
Ronald Reagan-Bill Clinton: The Reemergence of Czars
George W. Bush, Barack Obama, and the Vast Proliferation of Czars
Conclusions: Restoring the Constitutional Balance
Appendix: An Index of Czars and Media-Labeled Czars, 1919-2011
Notes
Index

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