You misread what I said. The constitution does not give the President power to create positions. Congress has given the President power to appoint officers where congress has created those positions in law, and to hire employees within depts that it creates. The President has no power other than what the constitution or the constitutional process of lawmaking gives him, and I listed the constitutional ones above. Since it does not give him the power to create Czars, congress has the power to prohibit it through its constitutional power to make all laws. As for constitutionality of itself, see Reality, Sec 4, Part B. Congress passes unconstitutional laws (IMO) all the time. But my opinion doesnt matter, no more than yours. The only authority to judge disputes in this country is the Supreme Court and courts they choose to delegate to. Since Congress followed the constitutional process of passing a law, it is a law, until the courts say otherwise, and the President must follow it, in thoery, if not reality. If he is going to simply not follow the law, then he should be charged with a crime.