ins v chadha dissenting opinion

V)] (Loan guarantees by Departments of Defense, Energy and Commerce in excess of specified amounts may be disapproved by resolution of either House) (President's proposal to provide loans or guarantees in excess [p1008] of established amounts may be disapproved by resolution of either House) (proposed award by President of individual contracts for purchase of more than 75,000 barrels per day of crude oil may be disapproved by resolution of either House) (President's proposals to overcome energy shortage through synthetic fuels development, and individual contracts to purchase more than 75,000 barrels per day, including use of loans or guarantees, may be disapproved by resolution of either House) (procedures for either House to disapprove proposals made under Act are established) (request by Synthetic Fuels Corporation (SFC) for additional time to submit its comprehensive strategy may be disapproved by resolution of either House) (proposed amendment to comprehensive strategy by SFC Board of Directors may be disapproved by concurrent resolution of either House or by failure of both Houses to pass concurrent resolution of approval) (procedure for either House to disapprove certain proposed actions of SFC is established) (procedure for both Houses to approve by concurrent resolution or either House to reject concurrent resolution for proposed amendments to comprehensive strategy of SFC is established) (proposed loans and loan guarantees by SFC may be disapproved by resolution of either House) (acquisition by SFC of a synthetic fuels project which is receiving financial assistance may be disapproved by resolution of either House) (SFC contract renegotiations exceeding initial cost estimates by 175% may be disapproved by resolution of either House) (proposed financial assistance to synthetic fuel projects in Western Hemisphere outside United States may be disapproved by resolution of either House) (President's request to suspend provisions requiring build up of reserves and limiting sale or disposal of certain crude oil reserves must be approved by resolution of both Houses).
^ . No. 614, 622, 22 U.S.C. The Constitution does not contemplate total separation of the three branches of Government. 80-1832. No. Leaving aside again the above-refuted premise that all action with a legislative character requires passage in a law, the short answer is that all of these carefully defined exceptions to the presentment and bicameralism strictures do not involve action of the Congress pursuant to a duly enacted statute. § 136, the Architect of the Capitol, 40 U.S.C. If in any fiscal year the budget deficit exceeds the prescribed maximum by more than a specified sum, the Act requires basically across-the-board cuts in federal spending to reach the targeted deficit level. The Court of Appeals set aside the deportation proceedings and ordered the Attorney General to cease and desist from taking any steps to deport Chadha… §§ [927], 1221-3(e) [(1976 ed., Supp.
1374, 1377 (DC 1986), it obviously did not doubt the constitutionality of the performance by Congress of the functions delegated to the Comptroller General. 46. I, Chadha, supra, at 951, 103 S.Ct., at 2784, should be presumptively viewed as a legitimate exercise of legislative power. endobj Moreover, there is no constitutional obligation to provide any judicial review whatever for a failure to suspend deportation. If Congress were free to delegate its policymaking authority to one of its components, or to one of its agents, it would be able to evade "the carefully crafted restraints spelled out in the Constitution." 1.

Moreover, the Court's reference to standards applicable to removal of Art. ^ . § 57a-1 [(1976 ed., Supp. This item is part of JSTOR collection

Act of Feb. 5, 1917, § 19, 39 Stat. [1]. Act of December 17, 1980, Pub.L. At all times, whether through private bills, or through affirmative concurrent resolutions, or through the present one-House veto, a permanent change in a deportable alien's status could be accomplished only with the agreement of the Attorney General, the House, and the Senate. But it also possesses continuing legal powers, of both long and recent standing, that Congress has granted it and that it can exercise in a quite independent fashion. Congress then must vote on the resolution under special rules, which render amendments out of order. II, § 3, cl. Because we conclude that the Comptroller General, as an officer removable by Congress, may not exercise the powers conferred upon him by the Act, we have no occasion for considering appellees' other challenges to the Act, including their argument that the assignment of powers to the Comptroller General in § 251 violates the delegation doctrine, see, e.g., A.L.A. The Comptroller General is statutorily required to audit the Internal Revenue Service and the Bureau of Alcohol, Tobacco, and Firearms (and provide congressional committees with information respecting the audits). Under such circumstances, the role of this Court should be limited to determining whether the Act so alters the balance of authority among the branches of government as to pose a genuine threat to the basic division between the lawmaking power and the power to execute the law.

Assuming that the Comptroller General's functions under § 251 of the Deficit Control Act cannot be exercised by an official removable by joint resolution of Congress, we must determine whether legislative goals would be frustrated more by striking down § 251 or by invalidating the 1921 removal provision. In the statutory section that identifies the Comptroller General's responsibilities for investigating the use of public money, four of the five enumerated duties specifically describe an obligation owed to Congress. .

The majority's citation of Chadha for the proposition that Congress may only control the acts of officers of the United States "by passing new legislation," ante, at 734, in no sense casts doubt on the legitimacy of the removal provision, for that provision allows Congress to effect removal only through action that constitutes legislation as defined in Chadha. .

The removal provision was an important part of the legislative scheme, as a number of Congressmen recognized. Ibid. But for present purposes, these cases establish that, by virtue of congressional delegation, legislative power can be exercised by independent agencies and Executive departments without the passage of new legislation. ^ . endstream

The Comptroller General shall also, at the request of any such committee, direct assistants from his office to furnish the committee such aid and information as it may request. Recasting the Comptroller General as an officer of the Executive Branch would accordingly alter the balance that Congress had in mind in drafting the Budget and Accounting Act of 1921 and the Balanced Budget and Emergency Deficit Control Act, to say nothing of the wide array of other tasks and duties Congress has assigned the Comptroller General in other statutes.9 Thus appellants' argument would require this Court to undertake a weighing of the importance Congress attached to the removal provisions in the Budget and Accounting Act of 1921 as well as in other subsequent enactments against the importance it placed on the Balanced Budget and Emergency Deficit Control Act of 1985. Emergency Unemployment Compensation Extension Act of 1977, Pub.L. The executive nature of the Comptroller General's functions under the Act is revealed in § 252(a)(3) which gives the Comptroller General the ultimate authority to determine the budget cuts to be made. U.S. Reports: INS v. Jong Ha Wang, 450 U.S. 139 (1981).

at 304-305; 5 J. Elliot, Debates on the Federal Constitution 431 (1845). 325-326 (J. Cooke ed.1961). . Regulating Powers of the Attorney General to Suspend Deportation of Aliens: Hearings on H.R.

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