That's exactly what a provision in the Homeland Security law passed by Congress states but which President Bush says he'll ignore.

The law specifically states the director have "a demonstrated ability in and knowledge of emergency management ... and not less than five years of executive leadership."

Why did Congress insist on these requirements?

You have to look no further than the Hurricane Katrina disaster and the performance — or lack of it — by Michael Brown, FEMA director.

Brown's qualifications, as we later found out, were that he was commissioner of the Arabian Horse Association.

The president sees the qualifications requirement as stepping on his turf, his ability to appoint anyone he wants to any such position. He maintains his authority comes from the Constitution.

Sen. Susan Collins, Maine Republican, and Sen. Joseph Lieberman, Connecticut Democrat, both leaders of the Senate Homeland Security and Government Affairs Committee, have taken issue with the president, saying they were "dismayed" by his signing a statement that he would ignore the provision of the law. Congress was right on this one.