Bush Puts Off Nuclear Nonproliferation

Congress passed a law ten months ago establishing the position of White House nuclear terror czar. But President Bush apparently has bigger priorities than curbing nuclear proliferation, as after nearly a year, the position is still unfilled.

Of course, that's not wholly surprising, seeing as the White House has opposed the creation of the position all along — this despite the fact that it was a recommendation of the 9/11 Commission and passed Congress with overwhelming bipartisan support. Clearly, this is another one of those times where the Decider-in-Chief knows better than the seasoned experts in the field. Or, for that matter, the Constitution:

This time, however, the White House seems to be ignoring the nuclear terrorism coordinator requirement not for constitutional reasons but simply because the administration thinks it is a bad idea. It is a stance some legal scholars called an even more blatant disregard of the checks and balances on presidential power.

"It is one thing when the president claims it infringes on his constitutional authority," said Phillip J. Cooper, a Portland State University law professor who specializes in separation of powers issues. "It is something else altogether when no such argument is made."

"Congress has the authority to create by statute different responsibilities in executive departments," he added. "You can't ignore a valid statute. I don't think he has the authority to do that."