Bowsher v. Synar, 478 U.S. 714 (1986), was a United States Supreme Court case that struck down the Gramm–Rudman–Hollings Act as an unconstitutional usurpation of executive power by Congress because the law empowered Congress to terminate the United States Comptroller General for certain specified reasons, including "inefficiency, 'neglect of duty,' or 'malfeasance.'" The named defendant in the original case was Comptroller General Charles Arthur Bowsher and the constitutional challenge was brought forth by Oklahoma Congressman Mike Synar.[1]
Under the Gramm–Rudman–Hollings Act, allowable deficit levels were calculated in consideration of the eventual elimination of the federal deficit. If the budget exceeded the allowable deficit, across-the-board cuts were required. Directors of the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) were required to report to the Comptroller General regarding their recommendations for how much must be cut. The Comptroller General then evaluated these reports, made his own conclusion, and gave a recommendation to the President, who was then required to issue an order effecting the reductions recommended by the Comptroller General unless Congress made the cuts in other ways within a specified amount of time.
The Comptroller General is nominated by the President from a list of three people recommended by the presiding officers of the House and Senate. He is removable only by impeachment or a joint resolution of Congress, which requires majority votes in both houses and is subject to a Presidential veto. Congress can give a number of reasons for this removal, including "inefficiency," "neglect of duty," or "malfeasance".[2]
HoldingEdit
The Supreme Court ruled that Congress cannot control how its laws are executed. Since it does not possess this power, it cannot delegate it to its agents. The Comptroller General is an agent of Congress because he can be removed by Congress via a process other than impeachment. The Comptroller General exercises executive power and so the Act is unconstitutional.[2]
The Comptroller General's function under the Act is the "very essence" of the execution of the laws since (1) it entails interpreting the Act to determine precisely what kind of budgetary calculations are required and (2) the Comptroller General commands the President to carry out, without variation, his directive regarding the budget resolutions. Once Congress passes legislation, it can influence only its execution by passing new laws or through impeachment.
The Constitution provides Congress the power to remove executive officers only by impeachment. Also, the Constitutional Convention explicitly rejected language that would have permitted impeachment for "maladministration," with Madison arguing that "so vague a term will be equivalent to a tenure during pleasure of the Senate". Thus, Congress can remove a member of the executive branch only through impeachment.[2][3][4]
DissentEdit
Justice White's dissent argued that the act should have been upheld. He argued that determining the level of spending by the federal government is a legislative function, not an executive one. Even if the power were executive, White did not see anything wrong with delegating that power to an agent as long as Congress could influence him only by a means that is subject to Presentment Clause and Bicameralism Clause requirements, which the act satisfied, since the Comptroller General could be influenced by Congress only through a joint resolution.[2][5]
^"Bowsher v. Synar". Oxford Reference. Retrieved 2021-06-17.
^ abcd"Bowsher v. Synar, 478 U.S. 714 (1986)". Justia Law. Retrieved 2021-06-17.
^Office, U. S. Government Accountability. "The Supreme Court's Ruling in Bowsher v. Synar". www.gao.gov. Retrieved 2021-06-17.
^Elliott, E. (1987-01-01). "Regulating the Deficit After Bowsher v. Synar". Yale Journal on Regulation. 4 (2). ISSN 0741-9457.
^"U.S. Reports: Bowsher v. Synar, 478 U.S. 714 (1986)". Library of Congress. Retrieved 2021-06-17.
External linksEdit
Text of Bowsher v. Synar, 478U.S. 714 (1986) is available from:FindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
August 25, 2023
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Bowsher v Synar 478 U S 714 1986 was a United States Supreme Court case that struck down the Gramm Rudman Hollings Act as an unconstitutional usurpation of executive power by Congress because the law empowered Congress to terminate the United States Comptroller General for certain specified reasons including inefficiency neglect of duty or malfeasance The named defendant in the original case was Comptroller General Charles Arthur Bowsher and the constitutional challenge was brought forth by Oklahoma Congressman Mike Synar 1 Bowsher v SynarSupreme Court of the United StatesArgued April 23 1986Decided July 7 1986Full case nameBowsher Comptroller General of the United States v Synar Member of Congress Et al Citations478 U S 714 more 106 S Ct 3181 92 L Ed 2d 583 1986 U S LEXIS 141HoldingCongress cannot reserve removal power over executive officers to itself except for impeachment The Balanced Budget and Emergency Deficit Control Act of 1985 violates the separation of powers doctrine Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunLewis F Powell Jr William RehnquistJohn P Stevens Sandra Day O ConnorCase opinionsMajorityBurger joined by Brennan Powell Rehnquist O ConnorConcurrenceStevens joined by MarshallDissentWhiteDissentBlackmunLaws appliedU S Const art I and U S Const art II Contents 1 Facts 2 Holding 2 1 Dissent 3 See also 4 References 5 External linksFacts EditUnder the Gramm Rudman Hollings Act allowable deficit levels were calculated in consideration of the eventual elimination of the federal deficit If the budget exceeded the allowable deficit across the board cuts were required Directors of the Office of Management and Budget OMB and the Congressional Budget Office CBO were required to report to the Comptroller General regarding their recommendations for how much must be cut The Comptroller General then evaluated these reports made his own conclusion and gave a recommendation to the President who was then required to issue an order effecting the reductions recommended by the Comptroller General unless Congress made the cuts in other ways within a specified amount of time The Comptroller General is nominated by the President from a list of three people recommended by the presiding officers of the House and Senate He is removable only by impeachment or a joint resolution of Congress which requires majority votes in both houses and is subject to a Presidential veto Congress can give a number of reasons for this removal including inefficiency neglect of duty or malfeasance 2 Holding EditThe Supreme Court ruled that Congress cannot control how its laws are executed Since it does not possess this power it cannot delegate it to its agents The Comptroller General is an agent of Congress because he can be removed by Congress via a process other than impeachment The Comptroller General exercises executive power and so the Act is unconstitutional 2 The Comptroller General s function under the Act is the very essence of the execution of the laws since 1 it entails interpreting the Act to determine precisely what kind of budgetary calculations are required and 2 the Comptroller General commands the President to carry out without variation his directive regarding the budget resolutions Once Congress passes legislation it can influence only its execution by passing new laws or through impeachment The Constitution provides Congress the power to remove executive officers only by impeachment Also the Constitutional Convention explicitly rejected language that would have permitted impeachment for maladministration with Madison arguing that so vague a term will be equivalent to a tenure during pleasure of the Senate Thus Congress can remove a member of the executive branch only through impeachment 2 3 4 Dissent Edit Justice White s dissent argued that the act should have been upheld He argued that determining the level of spending by the federal government is a legislative function not an executive one Even if the power were executive White did not see anything wrong with delegating that power to an agent as long as Congress could influence him only by a means that is subject to Presentment Clause and Bicameralism Clause requirements which the act satisfied since the Comptroller General could be influenced by Congress only through a joint resolution 2 5 See also EditList of United States Supreme Court cases volume 478 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases by the Rehnquist Court Immigration and Naturalization Service v Chadha 1983 References Edit Bowsher v Synar Oxford Reference Retrieved 2021 06 17 a b c d Bowsher v Synar 478 U S 714 1986 Justia Law Retrieved 2021 06 17 Office U S Government Accountability The Supreme Court s Ruling in Bowsher v Synar www gao gov Retrieved 2021 06 17 Elliott E 1987 01 01 Regulating the Deficit After Bowsher v Synar Yale Journal on Regulation 4 2 ISSN 0741 9457 U S Reports Bowsher v Synar 478 U S 714 1986 Library of Congress Retrieved 2021 06 17 External links EditText of Bowsher v Synar 478 U S 714 1986 is available from Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio Retrieved from https en wikipedia org w index php title Bowsher v Synar amp oldid 1168551680, wikipedia, wiki, book, books, library,
