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Mitchel A. Sollenberger

The President's Czars: Undermining Congress and the Constitution (Studies in Government and Public Policy) Paperback – April 27, 2012

by Mitchel A. Sollenberger (Author), Mark J. Rozell (Author)

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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.

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Editorial Reviews

Review

"Sollenberger and Rozell contribute immensely to the existing research on presidential power by providing the first comprehensive book on presidential czars."—Political Science Quarterly

"A thoughtful and thorough analysis of the history and problematic escalation of presidential ‘czars.’"—Perspectives on Politics

"This is a nonpartisan critique of the presidential creation of ‘czar’ positions-which confer power over a policy area without requiring cooperation with any agency or department or congressional oversight."—Library Journal

"This is a well-researched, well-written exposition on the topic of presidential czars, presidential appointees responsible for the administration of tasks that necessitate a prompt response to an acute problem that requires the coordination of the many disparate functions of government."—Choice

"Breaks new ground of fundamental interest to scholars in political science, public law, and public policy. . . . A major contribution to the fields of the presidency and constitutional law."—Louis Fisher, author of Defending Congress and the Constitution

"An important and timely book that will become the definitive source not only for understanding, but also for resolving, the constitutional ambiguities of this phenomenon."—Robert J. Spitzer, author of Saving the Constitution from Lawyers

"A carefully reasoned, well documented, and impressive piece of work that is sure to contribute to the national debate over executive power."—Andrew E. Busch, author of Reagan’s Victory: The Presidential Election of 1980 and the Rise of the Right

About the Author

Mitchel A. Sollenberger is an assistant professor of political science at the University of Michigan–Dearborn and author of The President Shall Nominate: How Congress Trumps Executive Power. Mark J. Rozell is professor of public policy at George Mason University and author of Executive Privilege: Presidential Power, Secrecy, and Accountability.

Series: Studies in Government and Public Policy
Paperback: 312 pages
Publisher: University Press of Kansas (April 27, 2012)
Language: English
ISBN-10: 0700618368
ISBN-13: 978-0700618361
Product Dimensions: 6 x 1 x 9 inches
Shipping Weight: 1 pounds (View shipping rates and policies)
Average Customer Review: 1 customer review
Amazon Best Sellers Rank: #1,381,726 in Books (See Top 100 in Books)
- #803 in Books > Politics & Social Sciences > Politics & Government > Elections & Political Process > Leadership
- #1198 in Books > Politics & Social Sciences > Politics & Government > Public Affairs & Policy > Public Affairs & Administration
- #2286 in Books > Politics & Social Sciences > Politics & Government > United States > National

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Adam Golba

A surprising look at a little known "shadow government."

August 18, 2012

Format: PaperbackVerified Purchase

Professors Rozell and Sollenberger write about a little known yet powerful group of people, Presidential Czars. In short, they are a group of people created by the President and are accountable only to him, not to the Congress. They receive no confirmation hearing in the Senate and generally do not testify in front of Congress either. The authors believe that this leads to problems in our system of separation of powers.

Many believe that Czars are a recent creation; however the authors trace their creation back to President Woodrow Wilson and World War One. For example, during World War One, Wilson created the Food Administration with future President Herbert Hoover at its head. The Food Administration, "...issued a food schedule that required people to not eat wheat on Mondays and Wednesdays, no meat on Tuesdays, and a variation of the two from Thursday to Sunday" p. 47 This is just one example of many that the authors give of Czars wielding enormous power with little or no Congressional accountability.

While tracing the evolution of Czars, the authors show that Congressional reaction to them has been feeble at best. With such little opposition, the creation of Czars as exploded with Presidents Bush 43 and Obama. For example, in the first pages of the book, the authors show how Kenneth Feinberg was "Pay Czar" for TARP and later was "Claims Czar" for the BP oil spill. In these positions, Feinberg controlled access to billions of dollars, without Congressional authorization. Feinberg was created by Obama and responsible to Obama, no one else. Such a situation raises serious separation of power issues.

One minor problem I have with the book evolves the number of acronyms in the book. While I understand this is necessary, it would have been helpful if there were a few pages in the back of the book listing all the acronyms and what they meant. There is a small one, but this only lists major departments (DOD, DHS, etc). It would have been helpful to list all the acronyms used in the back of the book as a handy reference. But this is a minor complaint.

Overall, I would highly recommend this book. The authors are among the first (if not the first) to shed light on a group of people who wield enormous power in the government with little accountability. Anyone interested in the Congress, the Presidency, or the separation of powers should read this book.

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