Bowsher v. Synar
| Bowsher v. Synar | |
|---|---|
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| Argued April 23, 1986 Decided July 7, 1986 |
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| Full case name | Bowsher, Comptroller General of the United States v. Synar, Member of Congress, Et al. |
| Citations | 478 U.S. 714 (more)
106 S. Ct. 3181;92 L. Ed. 2d 583; 1986 U.S. LEXIS 141
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| Holding | |
| Congress 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 membership | |
| Case opinions | |
| Majority | Burger, joined by Brennan, Powell, Rehnquist, O'Connor |
| Concurrence | Stevens, joined by Marshall |
| Dissent | White |
| Dissent | Blackmun |
| Laws applied | |
| U.S. Const. art. I and U.S. Const. art. II | |
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.
Under the Gramm-Rudman-Hollings Act, allowable deficit levels were calculated for 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 required by the Comptroller General unless Congress made the required cuts by 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."
The 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.
Justice White's dissent argued that the act should have been upheld. Determining the level of spending by the federal government is a legislative function, not an executive one, he argued. 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 the Presentment and Bicameralism Clause requirements, which the act satisfied, since the Comptroller General could be influenced by Congress only through a joint resolution.
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