No Advice And No Consent

From The New Ledger:

No Advice and No Consentby Kris Iverson




It is remarkable that President Obama has been lecturing Afghan president Harmid Karzi on government ethics and the rule of law. None of us condones corruption in Afghanistan, but President Obama’s admonishment to follow constitutional principles and procedures is coming from a man living in a glass house.



President Obama has, for example, demonstrated a complete disregard for the constitutional process of making key appointments. From the beginning, President Obama has stretched his appointment privilege by naming a record number of policy “czars” to head various activities and offices within his administration. These appointees have been able to exercise enormous influence and power, including the expenditure of tax dollars, without so much as a nod to the United States Senate.



In July, the President plainly abused his power to make recess appointments in order to install Donald Berwick as head of the Centers for Medicare and Medicaid (CMS). Dr. Berwick is a highly controversial figure in the health care policy arena. He is famous for advocating a single payer, socialized health system. The “in your face” recess appointment irritated Democrats as well and prompted Senate Finance Committee Chairman Max Baucus to issue a statement denouncing the action. To date, the new CMS administrator has been a no-show before any committee of Congress.



Two weeks ago, the President further demonstrated his arrogance by naming Harvard law professor Elizabeth Warren to a position as “senior advisor.” He made no secret of the fact that she will be the power behind the curtain of the new Consumer Finance Protection Bureau. Professor Warren, of course, conceived of and fought for creation of this governmental entity, yet the President admits that she may not be confirmed if he were to nominate her for the job – even with a filibuster-proof Senate majority. What does this suggest about Professor Warren’s ability to head this agency? What does it say about President Obama’s respect for the constitutional processes established to convey authority to key public officials?




Also galling is a nomination that has not made the network news: the nomination of Paul Tiao to be Inspector General at the Department of Labor. Mr. Tiao has been an active partisan, heading up a political action committee that supported only Democrats and that received one-third of its funding in 2008 from labor unions – unions that would be investigated by the Department of Labor Office of Inspector General given allegations of labor racketeering or other crimes.



The conflict is not hypothetical. Andrew Stern — former leader of one of the Service Employees International Union (SEIU), Obama ally, and Paul Tiao benefactor — is now under investigation by the FBI and Labor Department Inspector General.



The statute creating the Inspector General specifically states that IGs are to be selected “without regard to political affiliation” and “on the basis of integrity” and demonstrated ability in various skills related to oversight and enforcement. Mr. Tiao clearly fails both tests. The good news is that the Senate Health, Education, Labor and Pensions Committee has yet to vote on this nomination. The committee would be wise to reject it. Should President Obama try again to bypass the Senate, it would be a stark illustration of the contempt this administration has for the Constitution and the rule of law.



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