TOPIC: Check and Balances

Bowsher vs. Synar (US CASE)

Facts of the case

Due to rising government budget deficits during the first term of the Reagan Administration, Congress passed the Gramm-
Rudman-Hollings Deficit Control Act of 1985. The act was designed to eliminate the federal budget deficit by restricting
spending during fiscal years 1986 through 1991. Under the law, if maximum allowable deficit amounts were exceeded,
automatic cuts, as requested by the Comptroller General, would go into effect. This case was decided together with
O'Neill v. Synar and United States Senate v. Synar.

Question

Did the functions assigned by Congress to the Comptroller General of the United States under the Gramm-Rudman-
Hollings Deficit Control Act of 1985 violate the doctrine of separation of powers?

Conclusion

The Court found that the duties which the Congress delegated to the Comptroller General did violate the doctrine of
separation of powers and were unconstitutional. A two step process led Chief Justice Burger to arrive at this conclusion.
First, in exploring the statute defining the provisions of the Comptroller General's office relating to the Congress's power of
removal, it was clear to Burger that this officer was subservient to the legislative branch. Second, in examining the
functions that this officer would carry out under the Deficit Control Act, Burger concluded that the Comptroller General was
being asked to execute the laws and, thus, was intruding on the prerogatives of the executive branch.