A Canadian ambassador to the U.S. told a National Press Club audience upon his departure that he had finally cracked the code to Washington after two years. There is not one national government, he observed, but two: the Congress and the executive.
Today, he might identify a third (non-judicial) branch: a burgeoning policymaking division of the White House positioning itself over the others as the supreme policy arm of government.
Nothing better illustrates this development than the proliferation of policy czars in the White House under President Barack Obama. According to a recent Washington Post survey, 18 new, nonconfirmable policy czars have been added under Obama on top of the four carry-over czars from the previous administration. (They must be packing them in like czardines.)
The media are paying increased attention to this trend. On the positive side, the president is seen as out to make a transformative difference by appointing the best and brightest to develop bold and comprehensive policy solutions to every imaginable problem, from health care and urban affairs to automobiles (two car czars) and climate change. (White House energy and environment chief Carol Browner recently joked that she prefers empress to czar.) On the negative side, the covert policy shops do not live up to Obamas promise of greater transparency, and the media and Congress do not like to be kept in the dark.
The evolution of a White House staff to develop and coordinate administration policies is nothing new, to be sure. Every president in modern times has recognized the need to appoint trusted political and policy advisers. Cabinet government is no longer considered a practical model. Cabinet secretaries, after all, have their own departments to run. Presidents need smart, capable and fiercely loyal people to assist them daily in implementing their campaign promises.
However, the bigger the White House policy apparatus becomes, the more Congress is suspicious of the policies being devised, offended theyve been left out of the loop and outraged about being denied information essential to good oversight. The reason for this is that nonconfirmable presidential advisers are protected by the doctrine of executive privilege from having to disclose anything to Congress. Policy czars are anathema to Congress.
The potential for an overly powerful White House staff was flagged early in the Obama administration by Sen. Robert Byrd (D-W.Va.). In a Feb. 23 letter to the president, Byrd warned that presidential staff often assume too much programmatic power at the expense of their Cabinet counterparts and Congress. The rapid and easy accumulation of power by White House staff can threaten the Constitutional system of checks and balances, Byrd wrote, and in too many instances ... [has] been allowed to inhibit openness and transparency, and reduce accountability.
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.