Bowsher v. Synar, 478 U.S. 714

Supreme Court of the United States

1986

Chapter

4

Title

Distribution of National Powers

Page

427

Topic

Domestic Affairs

Quick Notes

Congress passed the Balanced Budget and Emergency Deficit Control Act of 1985, under which the Comptroller General was responsible for preparing and submitting to the President a report specifying deficit reductions for a fiscal year. The President in turn was to order the reductions specified by the Comptroller General. The Comptroller General was removable from office only by Congress.  Congressmen and others, initiated an action challenging the Act's constitutionality. The trial court ruled that the Comptroller General's role in the deficit reduction process violated the constitutionally imposed separation of powers. On direct appeal, the court affirmed. Responsibility for execution of the Act was placed in the hands of the Comptroller General. Congress retained control over such execution and thus intruded into the executive function in violation of separation of powers. The Act was unconstitutional because it gave the Comptroller General, an officer of the legislative branch over whom Congress retained removal power, the ultimate authority to determine the budget cuts to be made, functions plainly entailing execution of the law in constitutional terms.

Rule

o         It is a violation of separation of powers for Congress to impose executive functions on an officer over whom Congress has the power of removal.

Application

o         Executive functions cannot be performed by an officer removable from office by congress.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether an officer who is removable by Congress CAN be given the job of executing a statute?  No.

o         May Congress reserve to itself the power to remove an executive officer?   No.

Procedure

Trial

o         United States District Court, District of Columbia held that the Balanced Budget and Emergency Deficit Control Act of 1985, 2 U.S.C.S. 901 violated separation of powers as the statute delegated executive powers to an officer under Congress' direct control.

Supreme

o         Affirmed

Facts

Discussion

Key Phrases

Rules

Pl Bowsher

Df Synar

Balanced Budget and Emergency Deficit Control Act (the Act).  

o         In 1985, Congress passed the Balanced Budget and Emergency Deficit Control Act (the Act).

Trying to eliminate the deficit

o         The Act required the federal deficit to remain below certain levels in each year, with the goal of eliminating the deficit by 1991.

If Exceed, OMB and CBO submit a report to Comptroller General

o         If the deficit in a given year exceeded the maximum, the Act required the Directors of the Office of Management and Budget and the Congressional Budget Office to submit a report to the Comptroller General of the U.S. (Comptroller) (D) stating where and to what extent the budget would have to be cut.

Comptroller would evaluate and recommended to the President

o         The Comptroller was then to evaluate the report and advise the President of his conclusions on the appropriate budget cuts.

President would Order Comptrollers recommendation, Unless Congress disputed

o         The President, in turn, was required to issue an order effecting the Comptroller's recommendations, unless Congress distributed the cuts differently within a specified period of time.

Comptroller Chosen By President provided by Congress

o         The Comptroller, a position created by statute in 1921, was chosen by the President from a group of three provided by congressional leadership.

Removal of Comptroller

o         Removal of the Comptroller could be achieved only through impeachment or joint resolution of Congress, subject to a presidential veto.

Synar Challenged Act Agent of Congress with Executive Functions.

o         Congressman Synar (P) challenged the Act, claiming that the Comptroller, while essentially an agent of Congress, was allowed to perform executive functions.

Justice Burger

Violation of Separation of Powers

o         It is a violation of separation of powers for Congress to impose executive functions on an officer over whom Congress has the power of removal.

Comptroller's subservience to Congress

o         The broad power of Congress to remove the Comptroller from office provides evidence of the Comptroller's subservience to Congress.

o         The Constitution allows Congress to remove officers charged with executing its laws only by impeachment.

Different Impeachment reasons (Legislative vs. Executive)

o         Here, Congress can remove the Comptroller by joint resolution or impeachment.

o         Moreover, the Comptroller can be removed from office for "inefficiency," "neglect of duty," or "malfeasance."

o         The Constitution allows impeachment of executive officers only for "Treason, Bribery, or other High Crimes and Misdemeanors."

Comptroller as a part of the legislative branch

o         In addition, both Congress and the Comptroller have historically viewed the Comptroller as a part of the legislative branch.

Act is not invalid, UNLESS the Comptroller required under the Act to perform executive functions

o         But such a circumstance does not invalidate the Act unless the Comptroller, a member of the legislative branch, is required under the Act to perform executive functions.

Court Act requires Comptroller to engage in executive functions

o         The Act plainly does require the Comptroller to engage in executive functions.

o         The Comptroller must exercise his judgment as to the budgetary facts which determine how the Act is applied, and he must interpret the Act in deciding which budget cuts are required.

Comptroller is ultimate authority

o         In fact, the Comptroller has the ultimate authority to determine which budget cuts are to be made.

Court - Congress has intrude on the executive function

o         By placing the responsibility for execution of the Act in the hands of an officer who is subject to removal only by itself, Congress has in effect retained control over the Act's execution and intruded into the executive function.

o         Affirmed.

DISSENT Justice White

o         The majority's approach is overly formalistic and rests on a provision for removal of the Comptroller that presents no real threat to the separation of powers.

o         The role of Congress in removal of the Comptroller should not be enough to make the Comptroller an agent of Congress who is thus incapable of performing executive functions.

Rules

Rule

o         It is a violation of separation of powers for Congress to impose executive functions on an officer over whom Congress has the power of removal.

Application

o         Executive functions cannot be performed by an officer removable from office by congress.

Class Notes