War Czar: Another End Run

Various blogs and posters have commented on today's Washington Post story that the Bush Administration is looking for a "war czar" but has been repeatedly turned down.

The commentary has generally focused on what a remarkable vote of no confidence these refusals represent.

There is another aspect to the story to consider. This effort is another attempt by Bush to act outside the Constitution.

The Post reports:

The White House wants to appoint a high-powered czar to oversee the wars in Iraq and Afghanistan with authority to issue directions to the Pentagon, the State Department and other agencies, but it has had trouble finding anyone able and willing to take the job, according to people close to the situation.
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The White House has not publicly disclosed its interest in creating the position, hoping to find someone President Bush can anoint and announce for the post all at once.
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Unlike O'Sullivan, the new czar would report directly to Bush and to Hadley and would have the title of assistant to the president, just as Hadley and the other highest-ranking White House officials have, the sources said. The new czar would also have "tasking authority," or the power to issue directions, over other agencies, they said.

Pretty powerful role, eh? Speak for the President, overrule Gates and Rice.

The Constitution says this about such positions:

[The President] 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 officers 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 Arlen snuck another loophole into some bill for him, I don't believe Bush can appoint a czar. The Senate needs to give its advice and consent.