Legislative & Budget Making Powers

Legislative Powers President has veto power, as we know Only about 3% (!) of Presidential vetoes have ever been overridden Presidential signing statements have also attracted controversy – George W. Bush and Detainee Treatment Act of 2005 Executive orders sometimes used for a quasi- legislative purpose – Executive Order 9066 paved the way for Japanese- American internment

The Legislative Veto Joint (both houses) and concurrent (one house) resolutions had been used to veto executive actions – Checks President’s power, asserts Congress’s will, controls bureaucracy INS v. Chadha – Immigration & Nationality Act allowed a one-House veto of executive actions – Supreme Court ruled it unconstitutional because of separation of powers

The Budget Process Presidents usually get their budgets approved If the federal budget is not passed and signed the government shuts down A continuing resolution is a temporary budget appropriation that can keep the government operating beyond the fiscal year Government shut down in 1995 when President Clinton and the Republican-controlled Congress couldn’t agree on a budget – Affected public opinion of both, probably damaged Republicans more Almost happened again in 2011

The Budget Process Presidents used to be able to impound, or refuse to spend, funds appropriated by Congress – Jefferson was first to use this power Congress considered this too much power to give the President, and passed the Budget and Impoundment Control Act of Effectively took away the power of Presidents to impound Congress gains back power previously lost to the executive Created Congressional Budget Office and gave Congress its own economic advisors

The Budget Process Gramm-Rudman-Hollings Balanced Budget Act was another Congressional attempt to reassert power Forced the government to make automatic cuts in military and other federal programs if it ran a deficit – Exempted Social Security and interest on the debt Reagan signed the bill Court found system for determining automatic cuts unconstitutional in Bowsher v. Synar Rewritten as Budget Enforcement Act of 1990 Failed to prevent large deficits