Bowsher v. Synar (1985)
- Docket
- 85-1377
- Decided
- 1985-01-01
Summary
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.