bowsher synar argued april decided july order eliminate federal budget deficit congress enacted balanced budget emergency deficit control act act popularly known act sets maximum deficit amount federal spending fiscal years progressively reducing deficit amount zero fiscal year budget deficit exceeds prescribed maximum specified sum act requires basically cuts federal spending reach targeted deficit level reductions accomplished reporting provisions spelled act requires directors office management budget omb congressional budget office cbo submit deficit estimates budget reduction calculations comptroller general reviewing directors joint report reports conclusions president president turn must issue sequestration order mandating spending reductions specified comptroller general sequestration order becomes effective unless within specified time congress legislates reductions obviate need sequestration order act also contains fallback deficit reduction process eliminating comptroller general participation take effect reporting provisions invalidated consolidated actions federal district individual congressmen national treasury employees union union along one union members appellees challenged act constitutionality held inter alia comptroller general role exercising executive functions act deficit reduction process violated constitutionally imposed doctrine separation powers comptroller general removable congressional joint resolution impeachment congress may retain power removal officer performing executive powers held fact members union one appellee sustain injury act suspends certain scheduled benefit increases members sufficient create standing provision act article iii challenge act constitutionality therefore standing issue union members congress need considered powers vested comptroller general violate constitution command congress play direct role execution laws pp constitutional principle separation powers congress reserve power removal officer charged execution laws except impeachment permit execution laws vested officer answerable congress practical terms reserve congress control execution laws structure constitution permit congress execute laws follows congress grant officer control possess cf ins chadha pp merit contention comptroller general performs duties independently subservient congress although nominated president confirmed senate comptroller general removable initiative congress controlling statutes may removed impeachment also joint resolution congress time specified causes including inefficiency neglect duty malfeasance quoted terms interpreted congress sustain removal comptroller general number actual perceived transgressions legislative moreover political realities reveal comptroller general free congress influence heads general accounting office pertinent statutes instrumentality government independent executive departments congress consistently viewed comptroller general officer legislative branch years comptrollers general also viewed part legislative branch thus congress retained removal authority comptroller general may entrusted executive powers pp act comptroller general improperly assigned executive powers although due regard estimates reductions contained joint report directors cbo omb act clearly contemplates preparing report comptroller general exercise independent judgment evaluation respect estimates make decisions kind made officers charged executing statute act provisions give president ultimate authority determining budget cuts made placing responsibility execution act hands officer subject removal congress effect retained control act execution unconstitutionally intruded executive function pp necessary consider whether appropriate remedy nullify statutory provisions authorize congress remove comptroller general rather invalidate act congress explicitly provided fallback provisions take effect reporting procedures described invalidated assuming question appropriate remedy must resolved basis congressional intent intent appears given effect written pp burger delivered opinion brennan powell rehnquist joined stevens filed opinion concurring judgment marshall joined post white post blackmun post filed dissenting opinions together senate synar member congress et speaker house representatives et al synar member congress et also appeal lloyd cutler argued cause appellant briefs john pickering william lake richard lahne neal kilminster steven ross argued cause appellants briefs charles tiefer michael murray michael davidson argued cause appellant briefs ken benjamin morgan frankel solicitor general fried argued cause brief assistant attorney general willard deputy solicitor general kuhl deputy assistant attorney general spears edwin kneedler robert kopp neil koslowe douglas letter alan morrison argued cause appellees synar et al brief katherine meyer lois williams argued cause appellees national treasury employees union et al brief gregory elaine fn briefs amici curiae urging reversal filed national tax limitation committee et al ronald zumbrun sam kazman lucinda low swartz howard baker pro se briefs amici curiae urging affirmance filed american federation labor congress industrial organizations et al robert weinberg peter shinevar laurence gold george kaufmann edward hickey thomas woodley mark roth darryl anderson anton hajjar coalition health funding et al stephan lawton jack goodman national federation federal employees patrick riley william gray iii et al richard wegman paul hoff thomas stanton briefs amici curiae filed american jewish congress neil cogan edward blankstein eric karp chief justice burger delivered opinion question presented appeals whether assignment congress comptroller general certain functions balanced budget emergency deficit control act violates doctrine separation powers december president signed law balanced budget emergency deficit control act pub stat et seq supp iii popularly known act purpose act eliminate federal budget deficit end act sets maximum deficit amount federal spending fiscal years size maximum deficit amount progressively reduces zero fiscal year fiscal year federal budget deficit exceeds maximum deficit amount specified sum act requires cuts federal spending reach targeted deficit level half cuts made defense programs half made nondefense programs act exempts certain priority programs cuts automatic reductions accomplished rather complicated procedure spelled reporting provisions act year directors office management budget omb congressional budget office cbo independently estimate amount federal budget deficit upcoming fiscal year deficit exceeds maximum targeted deficit amount fiscal year specified amount directors omb cbo independently calculate basis budget reductions necessary ensure deficit exceed maximum deficit amount act requires directors report jointly deficit estimates budget reduction calculations comptroller general comptroller general reviewing directors reports reports conclusions president president turn must issue sequestration order mandating spending reductions specified comptroller general follows period congress may legislation reduce spending obviate whole part need sequestration order reductions enacted sequestration order becomes effective spending reductions included order made anticipating constitutional challenge procedures act also contains fallback deficit reduction process take effect event reporting procedures described section invalidated provisions report prepared directors omb cbo submitted directly specially created temporary joint committee deficit reduction must report five days houses joint resolution setting forth content directors report congress must vote resolution special rules render amendments order resolution passed signed president serves basis presidential sequestration order within hours president signing act congressman synar voted act filed complaint seeking declaratory relief act unconstitutional eleven members later joined congressman synar suit virtually identical lawsuit also filed national treasury employees union union alleged members injured result act automatic spending reduction provisions suspended certain benefit increases union members district appointed pursuant supp iii invalidated reporting provisions synar supp dc scalia johnson gasch district concluded union standing challenge act since members union suffered actual injury suspension certain benefit increases district also concluded congressman synar fellow members standing congressional standing doctrine see barnes kline app cert granted sub nom burke barnes district next rejected appellees challenge act violated delegation doctrine expressed doubt act delegated broad authority delegation similarly broad authority upheld past cases district observed yakus upheld statute delegated unelected price administrator power promulgate regulations fixing prices commodities moreover district view act adequately confined exercise administrative discretion district concluded totality act standards definitions context reference past administrative practice provides adequate intelligible principle guide confine administrative decision making although district concluded act survived delegation doctrine challenge held role comptroller general deficit reduction process violated constitutionally imposed separation powers first explained comptroller general exercises executive functions act however comptroller general appointed president advice consent senate removable president joint resolution congress impeachment district reasoned arrangement sustained decisions myers humphrey executor separation powers established framers constitution concluded congress may retain power removal officer performing executive functions congressional removal power created subservience comptroller general congress district therefore held since powers conferred upon comptroller general part automatic deficit reduction process executive powers constitutionally exercised officer removable congress powers exercised therefore automatic deficit reduction process central implemented ii threshold issue whether members congress members national treasury employees union union standing challenge constitutionality act question clear members union one appellee sustain injury receiving scheduled increase benefits see sufficient confer standing article iii therefore need consider standing issue union members congress see secretary interior california cf automobile workers brock barnes kline supra accordingly turn merits case iii noted recently constitution sought divide delegated powers new federal government three defined categories legislative executive judicial ins chadha declared purpose separating dividing powers government course diffus power better secure liberty youngstown sheet tube sawyer jackson concurring justice jackson words echo famous warning montesquieu quoted james madison federalist liberty legislative executive powers person body magistrates federalist cooke ed even cursory examination constitution reveals influence montesquieu thesis checks balances foundation structure government protect liberty framers provided vigorous legislative branch separate wholly independent executive branch branch responsible ultimately people framers also provided judicial branch equally independent judicial power extend ing cases law equity arising constitution laws art iii subtle examples separated powers evident well unlike parliamentary systems great britain person officer may serve member congress art moreover unlike parliamentary systems president article ii responsible congress people subject impeachment proceedings exercised two houses representatives people art ii even impeachment president presiding officer ultimate tribunal member legislative branch chief justice art system division separation powers produces conflicts confusion discordance times inherent deliberately structured assure full vigorous open debate great issues affecting people provide avenues operation checks exercise governmental power constitution contemplate active role congress supervision officers charged execution laws enacts president appoints officers advice consent senate art ii appointment made confirmed however constitution explicitly provides removal officers congress upon impeachment house representatives conviction senate impeachment house trial senate rest treason bribery high crimes misdemeanors art ii direct congressional role removal officers charged execution laws beyond limited one inconsistent separation powers made clear debate first congress congress considered amendment bill establishing department foreign affairs debate centered around whether congress recognize declare power president constitution remove secretary foreign affairs without advice consent senate myers james madison urged rejection congressional role removal executive branch officers impeachment saying debate perhaps argument urged success plausibly grounded constitution deliberating founded mingling executive legislative branches government one body objected senate much executive power even control president appointment office shall extend connection legislative executive departments strengthen objection diminish responsibility head executive annals cong first directly addressed issue myers issue myers statute providing certain postmasters removed advice consent senate president removed one postmaster without senate approval lawsuit ensued chief justice taft writing declared statute unconstitutional ground congress draw either branch power remove right participate exercise power infringe constitutional principle separation governmental powers decade later humphrey executor relied upon heavily appellants federal trade commissioner removed president sought backpay humphrey executor involved issue presented either myers case case power congress limit president powers removal federal trade commissioner relevant statute permitted removal president inefficiency neglect duty malfeasance office justice sutherland speaking upheld statute holding illimitable power removal possessed president respect federal trade commissioners distinguished myers reaffirming holding congressional participation removal executive officers unconstitutional justice sutherland opinion also underscored crucial role separated powers system fundamental necessity maintaining three general departments government entirely free control coercive influence direct indirect either others often stressed hardly open serious question much implied fact separation powers departments constitution rule recognizes essential light precedents conclude congress reserve power removal officer charged execution laws except impeachment permit execution laws vested officer answerable congress practical terms reserve congress control execution laws district observed officer appointed authority remove authority appointed must fear performance functions obey structure constitution permit congress execute laws follows congress grant officer control possess decision ins chadha supports conclusion chadha struck legislative veto provision house congress retained power reverse decision congress expressly authorized attorney general make disagreement attorney general decision chadha deportation congress decision deport chadha less congress original choice delegate attorney general authority make decision involves determinations policy congress implement one way bicameral passage followed presentment president congress must abide delegation authority delegation legislatively altered revoked dangers congressional usurpation executive branch functions long recognized debates constitutional convention federalist papers replete expressions fear legislative branch national government aggrandize expense two branches buckley valeo indeed also observed recently hydraulic pressure inherent within separate branches exceed outer limits power even accomplish desirable objectives must resisted chadha supra principles mind turn consideration whether comptroller general controlled congress iv appellants urge comptroller general performs duties independently subservient congress agree district contention bear close scrutiny critical factor lies provisions statute defining comptroller general office relating removability although comptroller general nominated president list three individuals recommended speaker house representatives president pro tempore senate see confirmed senate removable initiative congress may removed impeachment also joint resolution congress time resting one following bases permanent disability ii inefficiency iii neglect duty iv malfeasance felony conduct involving moral turpitude removal provision important part legislative scheme number congressmen recognized representative hawley commented officer measure getting information us work properly practically employers able discharge office cong rec representative sisson observed removal provisions give congress absolute control man destiny office cong rec ultimate design give legislative branch government control audit power appointment power removal cong rec temple justice white contends statute permit anyone remove comptroller removal permitted specified cause existence cause determined congress following hearing removal statute presumably subject judicial review ensure hearing fact held finding cause removal arbitrary post observation dissenter rests least two arguable premises enumeration certain specified causes removal excludes possibility removal causes cf shurtleft removal subject judicial review position appellants unwilling endorse glossing difficulties dissent assessment statute fails recognize breadth grounds removal statute permits removal inefficiency neglect duty malfeasance terms broad interpreted congress sustain removal comptroller general number actual perceived transgressions legislative constitutional convention chose permit impeachment executive officers treason bribery high crimes misdemeanors rejected language permitted impeachment maladministration madison arguing vague term equivalent tenure pleasure senate farrand records federal convention need decide whether inefficiency malfeasance terms broad maladministration order reject dissent position removing comptroller general requires feat bipartisanship difficult required impeach convict post white dissenting surely one seriously suggest judicial independence strengthened allowing removal federal judges joint resolution finding inefficiency neglect duty malfeasance justice white however assures us ealistic consideration practical result removal provision post reveals comptroller general unlikely removed congress separated powers government permitted turn judicial assessment whether officer exercising executive power good terms congress framers recognized long term structural protections abuse power critical preserving liberty constitutional terms removal powers comptroller general office dictate subservient congress much said must also add dissent simply error suggest political realities reveal comptroller general free influence congress comptroller general heads general accounting office gao instrumentality government independent executive departments created congress part budget accounting act stat congress created office believed needed officer responsible alone check upon application public funds accordance appropriations mansfield comptroller general study law practice financial administration clear congress consistently viewed comptroller general officer legislative branch reorganization acts example stated comptroller general gao part legislative branch government stat stat similarly accounting auditing act congress required comptroller general conduct audits agent congress stat years comptrollers general also viewed part legislative branch one early annual reports comptroller general official seal office described reflecting independence judgment exercised general accounting office subject control legislative branch combination represents agency congress independent authority auditing checking expenditures government required law subjecting questions arising connection determination gao ann congress authority lies appeal decision office may accept opinion official inclusive attorney general controlling duty law comp disregarding conclusion attorney general op atty respect interpretation compensation statute primary responsibility comptroller general instant act preparation report report must contain detailed estimates projected federal revenues expenditures report must also specify reductions necessary reduce deficit target appropriate fiscal year reductions must set forth basis preparing report comptroller general due regard estimates reductions set forth joint report submitted director cbo director omb president fiscal budgetary adviser however act plainly contemplates comptroller general exercise independent judgment evaluation respect estimates act also provides comptroller general report shall explain fully differences contents report report directors appellants suggest duties assigned comptroller general act essentially ministerial mechanical performance constitute execution law meaningful sense contrary view functions plainly entailing execution law constitutional terms interpreting law enacted congress implement legislative mandate essence execution law comptroller general must exercise judgment concerning facts affect application act must also interpret provisions act determine precisely budgetary calculations required decisions kind typically made officers charged executing statute executive nature comptroller general functions act revealed gives comptroller general ultimate authority determine budget cuts made indeed comptroller general commands president carry without slightest variation exceptions relevant constitutional issues presented directive comptroller general budget reductions presidential order must provide reductions manner specified section must incorporate provisions comptroller general report submitted section must consistent report respects president may modify recalculate estimates determinations specifications bases amounts percentages set forth report submitted section determining reductions specified order respect programs projects activities respect budget activities within account emphasis added congress course initially determined content balanced budget emergency deficit control act undoubtedly content act determines nature executive duty however chadha makes clear congress makes choice enacting legislation participation ends congress thereafter control execution enactment indirectly passing new legislation chadha placing responsibility execution balanced budget emergency deficit control act hands officer subject removal congress effect retained control execution act intruded executive function constitution permit intrusion vi turn final issue remedy appellants urge rather striking invalidating significant power congress vested comptroller general meet national fiscal emergency take lesser course nullifying statutory provisions act authorizes congress remove comptroller general oral argument counsel comptroller general suggested might make comptroller general removable president appellants urge congress prefer invalidation removal provisions rather invalidation balanced budget emergency deficit control act severance late date removal provisions enacted years ago significantly alter comptroller general office possibly making subservient executive branch recasting comptroller general officer executive branch accordingly alter balance congress mind drafting budget accounting act balanced budget emergency deficit control act say nothing wide array tasks duties congress assigned comptroller general statutes thus appellants argument require undertake weighing importance congress attached removal provisions budget accounting act well subsequent enactments importance placed balanced budget emergency deficit control act fortunately thicket need enter language balanced budget emergency deficit control act settles issue congress explicitly provided fallback provisions act take effect event reporting procedures described section invalidated emphasis added fallback provisions fully operative law buckley valeo quoting champlin refining corporation oklahoma assuming appellants correct urging matter must resolved basis congressional intent intent appears given effect situation indeed striking removal provisions lead statute congress probably refused adopt district concluded grant authority comptroller general carefully considered protection house conceived bias omb doubtful automatic deficit reduction process passed without protection doubtful protection considered present comptroller general removable congress vii one doubt congress president confronted fiscal economic problems unprecedented magnitude fact given law procedure efficient convenient useful facilitating functions government standing alone save contrary constitution convenience efficiency primary objectives hallmarks democratic government chadha supra conclude district correctly held powers vested comptroller general violate command constitution congress play direct role execution laws accordingly judgment order district affirmed judgment stayed period exceed days permit congress implement fallback provisions ordered footnotes individual member union later added plaintiff see first congress included members delegates philadelphia convention senate richard bassett delaware rufus king new york pierce butler south carolina john langdon new hampshire oliver ellsworth connecticut robert morris pennsylvania william georgia william paterson new jersey william samuel johnson george read delaware connecticut caleb strong massachusetts house abraham baldwin georgia nicholas gilman new hampshire daniel carroll maryland james madison virginia george clymer pennsylvania roger sherman connecticut thomas fitzsimons pennsylvania hugh williamson north carolina elbridge gerry massachusetts appellants therefore wide mark arguing affirmance case requires casting doubt status independent agencies issues involving agencies presented statutes establishing independent agencies typically specify either agency members removable president specified causes see members federal trade commission may removed president inefficiency neglect duty malfeasance office else specify removal procedure see federal election commission case involves nothing like statutes rather statute provides direct congressional involvement decision remove comptroller general appellants referred us independent agency whose members removable congress certain causes short impeachable offenses comptroller general see part iv infra reject appellants argument consideration effect removal provision ripe provision actually used district concluded comptroller general presumed desire avoid removal pleasing congress creates subservience another branch raises problems synar supp dc impeachment clause constitution hardly thought undermined nonuse congress adopted provision special interest houses choice individual whose primary function provide assistance congress although president veto joint resolution veto overridden vote houses congress thus comptroller general removed face presidential opposition like district therefore read removal provision authorizing removal congress alone dissent relies humphrey executor authority point president assert removed federal trade commissioner compliance one enumerated statutory causes removal see argument solicitor general reed see also synar supp since comptroller general assigned variety functions see supp iii duty bring suit require release impounded budget authority duty impose civil penalties energy policy conservation act member chrysler corporation loan guarantee board member board directors railway association supp iii authority consider bid protests competition contracting act conclude comptroller general officer removable congress may exercise powers conferred upon act occasion considering appellees challenges act including argument assignment powers comptroller general violates delegation doctrine see schechter poultry yakus justice stevens justice marshall joins concurring judgment asked invalidate statutory provision approved houses congress signed president particularly act congress confronts deeply vexing national problem compelling constitutional reasons agree act contains constitutional infirmity severe flawed provision may stand disagree however reasons constitution prohibits comptroller general exercising powers assigned act dormant carefully circumscribed congressional removal power represents primary constitutional evil agree conclusion majority dissent analysis depends labeling functions assigned comptroller general executive powers ante post rather convinced comptroller general must characterized agent congress longstanding statutory responsibilities powers assigned act require make policy bind nation congress component agent congress seeks make policy bind nation must follow procedures mandated article constitution passage houses presentment president short congress may exercise fundamental power formulate national policy delegating power one two houses legislative committee individual agent congress speaker house representatives sergeant arms senate director congressional budget office ins chadha principle believe applicable comptroller general fact congress retained power remove comptroller general important evidence supporting conclusion member legislative branch government unlike however persuaded congressional removal power either necessary sufficient basis concluding statutory assignment invalid justice white explains post congress power remove comptroller general disagreement policy determination may required make administration act statute provides term years comptroller general provides must retire upon becoming years age may removed time impeachment joint resolution congress notice opportunity hearing permanent disability ii inefficiency iii neglect duty iv malfeasance felony conduct involving moral turpitude far assuming provision creates subservience respecting comptroller general actions ante quoting district presume congress adhere law exercise removal powers comptroller general found permanently disabled inefficient neglectful culpable malfeasance felony conduct involving moral turpitude notion removal power issue automatically creates kind subservience comptroller general congress belied history evidence congress ever removed threatened remove comptroller general reasons policy moreover president long possessed comparable power remove members federal trade commission yet universally accepted independent rather subservient president performing official duties thus statute construed humphrey executor provided commissioner may removed president inefficiency neglect duty malfeasance office stat sure may significant difference president exercise carefully circumscribed removal authority congress exercise identically circumscribed removal authority humphrey executor analysis least demonstrates entirely proper congress specify qualifications office created prescription might termed removal standards impair independence official subject standards fact congress retained power remove comptroller general thus necessarily adequate reason concluding role budget reduction process unconstitutional however fact lends support ultimate conclusion exercising functions act serves agent congress ii assessing role comptroller general appropriate consider already existing statutory responsibilities responsibilities leave little doubt one identifying characteristics comptroller general statutorily required relationship legislative branch statutory section identifies comptroller general responsibilities investigating use public money four five enumerated duties specifically describe obligation owed congress first one expressly refer congress comptroller general shall investigate matters related receipt disbursement use public money four clearly require comptroller general work congress specific needs legal duty thus comptroller general must estimate cost government complying restriction expenditures specific appropriation general appropriation law report estimate congress recommendations comptroller general considers desirable emphasis added must analyze expenditures executive agency comptroller general believes help congress decide whether public money used expended economically efficiently emphasis added must make investigation report ordered either house congress committee congress jurisdiction revenue appropriations expenditures emphasis added finally must give committee congress jurisdiction revenue appropriations expenditures help information committee requests emphasis added statutory provision detailing comptroller general role evaluating programs activities government similarly leaves doubt regarding beneficiary comptroller general labors comptroller general may undertake evaluation one three specified reasons initiative either house congress orders evaluation committee congress jurisdiction program activity requests evaluation assessing program activity moreover comptroller general responsibility develop recommend congress ways evaluate program activity government carries existing law emphasis added comptroller general responsibilities repeatedly framed terms specific obligations congress thus one provision specifies detail obligations comptroller general respect individual committee request program evaluation request committee congress comptroller general shall help committee develop statement legislative goals ways assess report program performance related goals including recommended ways assess performance information reported responsibility reporting frequency reports feasibility pilot testing assess program evaluations prepared agency numerous provisions strongly support conclusion one comptroller general primary responsibilities work specifically behalf congress comptroller general must make annual reports specified subjects congress senate committee finance senate committee governmental affairs house committee ways means house committee government operations joint committee taxation request committee comptroller general shall explain discuss committee committee staff report comptroller general makes help committee evaluate program activity agency within jurisdiction committee consideration proposed legislation indeed relationship comptroller general congress close comptroller general may assign detail officer employee general accounting office continuous duty committee congress one year comptroller general current statutory responsibilities behalf congress fully consistent historic conception comptroller general office statute created comptroller general office budget accounting act provided four five statutory responsibilities given comptroller general exercised behalf congress three exclusively least three occasions since moreover considering structure government congress defined comptroller general part legislative branch reorganization act congress specified comptroller general general accounting office part legislative branch government stat reorganization act congress confirmed comptroller general general accounting office part legislative branch government stat finally budget accounting procedures act congress referred auditing government conducted comptroller general agent congress stat like already existing statutory responsibilities history comptroller general statute confirms comptroller general viewed agent congress say course comptroller general obligations executive branch agent congress quite clear manner doorkeeper house current statutory responsibilities also envision role comptroller general respect executive branch comptroller general must give president information expenditures accounting president requests although comptroller general required provide congress annual report also required provide president report president requests comptroller general statutorily required audit internal revenue service bureau alcohol tobacco firearms provide congressional committees information respecting audits least one respect moreover comptroller general treated like executive agency extent applicable laws generally related administering agency apply comptroller general historically well comptroller general relationship executive branch noted supra act one comptroller general specific responsibilities provide information bureau budget fact comptroller general office created functions personnel records even furniture derived previous executive office thus comptroller general retains certain obligations respect executive branch obligations two branches however impermissible presence dual obligations prevent characterization official dual obligations part one branch least clear statutory responsibilities comptroller general properly characterized agent congress iii everyone agrees powers assigned comptroller general act extremely important require exercise sophisticated economic judgment concerning anticipated trends nation economy projected levels unemployment interest rates special problems may confronted many components vast federal bureaucracy duties anything ministerial merely clerk wearing green eyeshade undertakes tasks rather vested kind responsibilities congress elected discharge fallback provision become effective held invalid unless make naive assumption economic destiny nation safely entrusted mindless bank computers powers act vests comptroller general must recognized transcendent importance concludes act impermissibly assigns comptroller general executive powers ante justice white dissent agrees powers exercised comptroller act may characterized executive involve interpretation carrying act mandate post conclusion far obvious also rests unstated unsound premise definite line distinguishes executive power legislative power great ordinances constitution establish divide fields black white springer philippine islands holmes dissenting men met philadelphia summer practical statesmen experienced politics viewed principle separation powers vital check tyranny likewise saw hermetic sealing three branches government one another preclude establishment nation capable governing effectively buckley valeo justice brandeis explained dissent myers separation powers government make branch completely autonomous left measure dependent upon others left power exercise respects functions nature executive legislative judicial chadha case illustrates basic point governmental decision made whether resident alien overstayed student visa deported point view administrative law judge conducted hearing issue justice powell saw issue concurrence decision took judicial coloring point view attorney general congress delegated authority suspend deportation certain aliens decision appeared executive character held house representatives finally decided chadha must deported action essentially legislative purpose effect powers delegated comptroller general act us today similar quality district persuasively explained may appropriately characterized executive powers delegation held invalid fallback provision provides report otherwise issued comptroller general shall issued congress event resolution enacted congressional report legal consequences issued comptroller general event moreover surely one suggest congress acted capacity legislative since district expressly recognized validity described fallback deficit reduction process synar supp dc obviously doubt constitutionality performance congress functions delegated comptroller general district analysis analysis adopted majority today therefore appear function issue executive performed comptroller general legislative performed congress view however function may appropriately labeled legislative even performed comptroller general executive agency despite statement article constitution legislative powers herein granted shall vested congress far novel acknowledge independent agencies indeed exercise legislative powers justice white explained chadha dissent reviewing cases upholding broad delegations legislative power hese cases establish virtue congressional delegation legislative power exercised independent agencies executive departments without passage new legislation time sheer amount law substantive rules regulate private conduct direct operation government made agencies far outnumbered lawmaking engaged congress traditional process question agency rulemaking lawmaking functional realistic sense term administrative procedure act provides rule agency statement designed implement interpret prescribe law policy agencies authorized prescribe law substantive rulemaking administrator regulation due deference accorded legislative effect see schweiker gray panthers batterton francis regulations bind courts officers federal government may preempt state law see fidelity federal savings loan assn de la cuesta grant rights impose obligations public sum force law omitted iv congress regularly delegates responsibility number agents provide important support legislative activities many perform functions characterized executive contexts capitol police arrest press charges lawbreakers sergeant arms manages congressional payroll capitol architect maintains buildings grounds librarian custody vast number books records moreover members necessarily engage many activities merely ancillary primary lawmaking responsibilities manage separate offices communicate constituents conduct hearings inform problems confronting nation make rules governance business responsibilities assigned comptroller general case us course quite different delegations ancillary activities act assigns comptroller general duty make policy decisions force law comptroller general report current statute engine gives life ambitious budget reduction process comptroller general report provide determination reductions contain estimates determinations specifications items contained report submitted office management budget congressional budget office comptroller general report president must follow conclusive effect short comptroller general report profound dramatic immediate impact government nation large article constitution specifies procedures congress must follow makes policy binds nation legislation must approved houses presented president holding attempt legislate means veto violated procedural mandate article explained see therefore framers acutely conscious bicameral requirement presentment clauses serve essential constitutional functions president participation legislative process protect executive branch congress protect whole people improvident laws division congress two distinctive bodies assures legislative power exercised opportunity full study debate separate settings president unilateral veto power turn limited power houses congress overrule veto thereby precluding final arbitrary action one person emerges clearly prescription legislative action art represents framers decision legislative power federal government exercised accord single finely wrought exhaustively considered procedure ins chadha distinction kinds action congress may delegate components agents require either compliance article procedures delegation another branch pursuant defined standards reflected practices developed years regarding congressional resolutions joint resolution used special purposes incidental matters deschler precedents house representatives makes binding policy requires affirmative vote houses submission president approval full article requirements concurrent resolution contrast makes binding policy means expressing fact principles opinions purposes two houses jefferson manual rules house representatives thus need presented president settled however resolution intended make policy bind nation thus legislative character effect full article requirements must observed nature substance resolution form controls question disposition ibid opinion congress exercise functions concurrent resolution fact fallback provision requires joint resolution rather concurrent resolution indicates congress endorsed view think equally clear congress may simply delegate functions agent congressional budget office since persuaded comptroller general also fairly deemed agent congress exercise functions result decide case need consider decision president removal power abstract nature executive powers clear comptroller general whose statutory duties define agent congress assigned task making policy determinations bind nation question simply one congressional process doubt comptroller general statutory duties follow constitutionally prescribed procedures congressional lawmaking short even though well settled congress may delegate legislative power independent agencies executive thereby divest portion lawmaking power elects exercise power may authorize lesser representative legislative branch act behalf reason believe act unconstitutional thus critical inquiry case concerns manner executive officials agencies may act manner congress agents may act emphasized chadha congress legislates makes binding policy must follow procedures prescribed article neither unquestioned urgency national budget crisis comptroller general proud record professionalism dedication provides justification allowing congressional agent set policy binds nation rather turning task agent legislative branch decides act conclusive effect must process akin specified fallback provision enactment houses presentment president concur judgment always appropriate assume elected representatives like citizens know law cannon university chicago appropriate assume elected representatives like citizens respect law proceedings senate resulting impeachment justice chase demonstrate moreover body willing give lipservice governing standard political considerations rather good behavior determine tenure federal judges see elsmere impeachment trial justice samuel chase beveridge life john marshall see also wilson congressional government study american politics meridian books quoted levi aspects separation powers colum rev one principle clearer another business whether government mere merchandising somebody must trusted order things go wrong may quite plain punished power strict accountability use essential constituents good government emphasis original see humphrey executor describing congressional intention create body shall independent executive authority except selection free exercise judgment without leave hindrance official department government emphasis original manner president franklin roosevelt exercised removal power underscores propriety presuming congress president use statutorily prescribed removal causes pretexts removal reasons president roosevelt never claimed removal humphrey one statutorily prescribed reasons inefficiency neglect duty malfeasance office president removal letter merely stated effective date hereby removed office commissioner federal trade commission see previously president written commissioner humphrey stating know realize feel mind mind go along together either policies administering federal trade commission frankly think best people country full confidence ibid indeed even myers challenge provision requiring senate approval removal postmaster federal government assumed congress power limit terms removal reasons relate office solicitor general beck recognized power removal may subject general laws destroy exercise president power removal leaves exercise power subject general laws may fairly measure standard public service substitute brief reargument oral argument solicitor general explained position beck suppose congress creates office says shall filled man learned law suppose provides man ceases member bar shall removed prepared say law reconciled constitution say condition imposed upon creation office reasonable relation office legislative standard applied president declaration qualifications creation appointing power president congress crossed dead line usurped prerogative president pertinent part act provided sec comptroller general shall investigate seat government elsewhere matters relating receipt disbursement application public funds shall make president requested congress beginning regular session report writing work general accounting office containing recommendations concerning legislation may deem necessary facilitate prompt accurate rendition settlement accounts concerning matters relating receipt disbursement application public funds may think advisable regular report special reports time congress session shall make recommendations looking greater economy efficiency public expenditures shall make investigations reports shall ordered either house congress committee either house jurisdiction revenue appropriations expenditures comptroller general shall also request committee direct assistants office furnish committee aid information may request comptroller general shall specifically report congress every expenditure contract made department establishment year violation law shall submit congress reports upon adequacy effectiveness administrative examination accounts claims respective departments establishments upon adequacy effectiveness departmental inspection offices accounts fiscal officers shall furnish information relating expenditures accounting bureau budget may request time time stat emphases added see also comptroller general general accounting office declared bill part legislative branch government see also comptroller general general accounting office bad text reorganization act declared bill part legislative branch government see stat offices comptroller treasury assistant comptroller treasury abolished take effect july books records documents papers furniture office equipment property office comptroller treasury shall become property general accounting office comptroller general course also appointed president however librarian congress architect capitol public printer see pennsylvania bureau correction marshals service reviewing marshals statutory obligations judiciary executive branch noting marshals within executive branch federal government cf report comptroller general marshals dilemma serving two branches government extremely difficult one person effectively serve two masters surely one suggest fact chief justice performs executive functions smithsonian institution affects characterization member judicial branch government performance similar functions three members senate three members house affect characterization members legislative branch government despite suggestions dissents post white dissenting post blackmun dissenting quite obvious comptroller general general accounting office fundamentally different relationship congress independent agencies like federal trade commission rather independent agency comptroller general gao functionally equivalent congressional agents congressional budget office office technology assessment library congress congressional research service statutory responsibilities make clear like congressional agents comptroller general gao function virtually permanent staff congress indeed creating congressional budget office congress explicitly required gao provide extensive services cbo fact significance case cbo statute enumerates three congressional agencies must provide assistance cbo general accounting office library congress office technology assessment congressional agencies authorized provide cbo services facilities personnel without reimbursement well information data estimates statistics ibid see also congressional quarterly guide congress ed addition staffs committees facilities privileges members congress backed number supporting organizations activities keep capitol hill running among largest size staff general accounting office gao employees library congress congressional research service crs congressional budget office cbo office technology assessment ota extent four legislative agencies specialized functions although four agencies given task jobs overlap extent led cases duplication waste even competition among different groups general accounting office arm legislative branch created oversee expenditures executive branch thus contend comptroller general numerous statutory responsibilities serve congress directly somehow like independent agency obligations report congress implement legislatively mandated standards simply misconceives actual duties comptroller general gao also ignores clear import legislative history entities see ameron army corps engineers becker concurring part office comptroller general created statute comptroller general status within government matter statutory interpretation like statutory interpretation controlled legislative intent copious evidence legislative history gao therefore comptroller general intended legislative branch legislative intent contrary believe incumbent upon us hold comptroller general within legislative branch government despite inconveniences may attend holding element judgment comptroller general must exercise evident congressional recognition may differences contents report report directors congressional budget office office management budget perhaps matter political science say congress concern broad principles policy leave application particular cases executive branch rule found constitution legislative practice fruitless therefore try draw sharp logical line legislative executive functions characteristically draftsmen even attempt doctrinaire definitions placed reliance mechanics constitution one principal devices vest legislative powers two houses congress make president part legislative process requiring bills passed two houses submitted approval disapproval disapproval veto overridden vote house checks upon powers rather classifications powers governmental system finds equilibrium ginnane control federal administration congressional resolutions committees harv rev omitted justice powell critical question chadha case whether congress impermissibly assumed judicial function clear therefore attorney general acts presumptively art ii capacity administers immigration nationality act subsection comptroller general must specify levels anticipated revenue expenditure determine gross amount must sequestered must specify particular budget items required reduced various provisions act respects clear particular amounts first specifications requires exercise substantial judgment concerning present future facts affect application law sort power normally conferred upon executive officer charged implementing statute second specification requires interpretation law enacted congress similarly power normally committed initially executive constitution prescription take care laws faithfully executed art ii synar supp dc section act provides part alternative procedures joint reports directors event reporting procedures described section invalidated report directors referred section shall transmitted joint committee established subsection upon invalidation procedure established temporary joint committee deficit reduction composed entire membership budget committees house representatives senate purposes joint committee receive reports directors described paragraph report respect report directors joint resolution described paragraph later days receipt report directors accordance paragraph joint committee shall report house representatives senate joint resolution setting forth contents report directors upon enactment joint resolution shall deemed report received president section whichever applicable stat emphasis added left administrative discretion estimation aggregate amount reductions necessary light predicted revenues expenditures believe act contains standards adequately confining administrative discretion making estimation assuredly estimation requires judgment various individuals may disagree hardly think distinctively political judgment much less political judgment scope must made congress specification maximum deficit amounts establishment detailed administrative mechanism determination standards governing administrative decisionmaking congress made policy decisions constitute essence legislative function district holding exercise discretion kind political judgment must made congress course consistent view judgment may made congress pursuant even scholars sustained veto appear agree ultimate conclusion see nathanson separation powers administrative law delegation legislative veto independent agencies nw rev case congress delegated authority one components take affirmative steps impose regulations upon private interests action assume unconstitutional cf buckley valeo white dissenting expressing opinion veto agency regulations unobjectionable adding considerably different congress purported adopt propound regulations action houses emphasized case comptroller general assigned functions require make policy determinations bind nation note analysis need call question comptroller general performance numerous existing functions may rise level see ante fact congress specified joint resolution fallback provision another significance well reveals congressional intent comptroller general exercise prescribed functions congress wished perform rather delegating instance independent agency executive branch official choice shows congress intended important functions act comptroller general considering analogous problems state courts consistently recognized importance strict adherence constitutionally mandated procedures legislative process see state voluntary alaska course legislature wishes act advisory capacity may act resolution however means take action binding effect outside legislature may following enactment procedures state courts held virtual unanimity fact delegate legislative power others bound article ii mean delegate power process escape constraints must operate people tremaine power approve segregation lump sum appropriations may delegated one even one two members legislature necessarily follows power segregate appropriations may also conferred upon delegates visualize extreme case one lump sum appropriation might made segregated committee chairmen delegation legislative power abhor ent notions legislation matter appropriations previously noted concern need due process lawmaking even congress acted bicameralism presentment see fullilove klutznick stevens dissenting delaware tribal business committee weeks stevens dissenting legislature agent given powers act without even formalities legislative process concerns especially prominent see also watson congress steps look congressional control executive rev delegation disperses power necessarily constitutionally equivalent one concentrates power hands delegating agency ginnane harv non sequitur say since statute delegate power someone bound procedure prescribed constitution congress exercise power therefore delegate power congress free constitutional restrictions manner exercise justice blackmun suggests congress may delegate legislative power one agents long retain tight control agent post suggestion faithful rationale chadha component congress even one houses subject tight control entire congress instance congressional research service whose primary function respond congressional research requests apparently fall within justice blackmun tight control test congress guaranteed service complete research independence maximum practicable administrative independence consistent objectives take however doubt unconstitutionality assigning functions issue case congressional research service moreover chadha surely forecloses suggestion delegation legislative power independent agency acceptable power may also delegated component agent congress finally respect justice blackmun emphasis presidential appointment comptroller general post previously pointed obvious congressional agents librarian congress architect capitol public printer also appointed president see supra justice white dissenting acting name separation powers takes upon strike act one novel legislative responses national crisis since new deal basis action solitary provision another statute passed years ago lain dormant since time concur action like purport speak wisdom policies incorporated legislation invalidates matter congress executive expressed assent statute barely half year ago however address wisdom willingness interpose distressingly formalistic view separation powers bar attainment governmental objectives means chosen congress president legislative process established constitution twice past four years expressed view recent efforts police separation powers rested untenable constitutional propositions leading regrettable results see northern pipeline construction marathon pipe line white dissenting ins chadha white dissenting today result even misguided explain decision rests feature legislative scheme minimal practical significance presents substantial threat basic scheme separation powers attaching dispositive significance regarded triviality neglects past recognized fundamental principle governing consideration disputes separation powers actual art governing constitution conform judicial definitions power branches based isolated clauses even single articles torn context constitution diffuses power better secure liberty also contemplates practice integrate dispersed powers workable government youngstown sheet tube sawyer jackson concurring argument straightforward act vests comptroller general executive powers powers nterpre law enacted congress order implement legislative mandate ante powers may vested congress agents see buckley valeo system government established constitution part limits congress legislative rather executive judicial role see ins chadha supra comptroller general agent congress virtue provision budget accounting act stat granting congress power remove comptroller cause joint resolution therefore comptroller general may constitutionally exercise executive powers granted act act automatic mechanism premised comptroller exercise powers must struck examining merits argument wish emphasize quite pointedly correctly hold namely executive powers sort granted comptroller act may exercised officers removable president apparent unwillingness accept argument tendered solicitor general fully consistent longstanding recognition within power congress necessary proper clause art vest authority falls within definition executive power officers subject removal president therefore president direct control see humphrey executor wiener earlier day simpler notions role government society prevailed perhaps plausible insist executive officers subject unqualified presidential removal power see myers advent triumph administrative state accompanying multiplication tasks undertaken federal government virtually compelled recognize congress may reasonably deem necessary proper vest among broad new array governmental functions officers free partisanship may expected agents wholly dependent upon president recognition legitimacy legislation vesting executive authority officers independent president imply derogation president constitutional authority indeed duty take care laws faithfully executed art ii duty necessarily limited great extent content laws enacted congress justice holmes put duty president see laws executed duty go beyond laws require achieve congress sees fit leave within power myers supra dissenting justice holmes perhaps overstated case undoubtedly executive functions regardless enactments congress must performed officers subject removal president whether particular function falls within class within far larger class may relegated independent officers depend upon character office humphrey executor supra determining whether limitation president power remove officer performing executive functions constitutes violation constitutional scheme separation powers must focu extent limitation prevents executive branch accomplishing constitutionally assigned functions nixon administrator general services potential disruption present must determine whether impact justified overriding need promote objectives within constitutional authority congress ibid inquiry sure one beget easy answers provides nothing approaching rule set rules inquiry however necessitated recognition formalistic unbending rules area separation powers may unduly constrict congress ability take needed innovative action pursuant article powers commodity futures trading schor post evident nothing opinion contrary powers exercised comptroller general act vesting officer subject removal president improperly interfere presidential powers determining level spending federal government nature function central either exercise president enumerated powers general duty ensure execution laws rather appropriating funds peculiarly legislative function one expressly committed congress art provides money shall drawn treasury consequence appropriations made law enacting congress chosen exercise legislative power establish level federal spending providing detailed set criteria reducing expenditures level appropriations event certain conditions met delegating execution legislation power apply act criteria make required calculations officer independent president deprive president power otherwise essential performance duties office rather result delegation standpoint president different result traditional forms appropriation either system level funds available executive branch carry duties within president discretionary control sure mechanism required responsible officer exercise great deal policymaking discretion one might argue created broad discretion congress obligation based upon art ii vest chief executive agents however congress done thing instead created precise articulated set criteria designed minimize degree policy choice exercised officer executing statute ensure relative spending priorities established congress appropriations passes law remain unaltered given exercise policy choice officer executing statute inimical congress goal enacting automatic measures eminently reasonable proper congress vest authority officer greatest degree possible nonpartisan independent president political agenda therefore may relied upon allow calculations colored political considerations delegation deprives president authority rightfully ii seems agree assignment executive powers officer removable president represent violation constitutional scheme separated powers question remains whether concludes fact officer congress delegated authority implement act removable joint resolution congress require invalidation act decision stated based syllogism act vests comptroller executive power power may exercised congress agents comptroller agent congress removable congress therefore act invalid quarrel proposition powers exercised comptroller act may characterized executive involve interpretation carrying act mandate also accept general proposition although congress considerable authority designating officers execute legislation see supra constitutional scheme separated powers prevent congress reserving executive role agents buckley valeo white concurring part dissenting part accept however exercise authority officer removable cause joint resolution congress analogous impermissible execution law congress hold congressional role removal process renders comptroller agent congress incapable receiving executive power buckley valeo supra held congress reserve power appoint members federal election commission body exercising executive power buckley however grounded textually based argument whose central premise constitution requires officers defined persons said hold office government whose appointment otherwise specifically provided elsewhere text appointed means specified appointments clause art ii cl either president advice consent senate congress specifies president alone courts head department buckley treated appointments clause reflecting principle legislative branch may exercise executive authority citing springer philippine islands holding merely congress may direct laws implemented persons agents sense chose pass legitimacy means congress might exercise authority execute laws comptroller appointee congress officer appointed president advice consent senate buckley neither requires characterized agent congress way calls question capacity exercise executive authority see majority points however decision ins chadha recognizes additional limits ability congress participate influence execution laws interpreted chadha constitution prevents congress interfering actions officers means short legislation satisfying demands bicameral passage presentment president approval disapproval today majority concludes concerns underlay chadha indicate invalidity statutory provision allowing removal joint resolution specified cause officer performing executive functions removal power contends constitutes congressional veto analogous struck chadha permits congress remove threaten remove officer executing laws fashion found unsatisfactory ante concludes kind congressional control execution laws chadha condemns ante deficiencies reasoning apparent first baldly mischaracterizes removal provision suggests allows congress remove comptroller executing laws fashion found unsatisfactory fact congress may remove comptroller one five specified reasons although narrow deny congress leeway circumscribe congress power extent providing basis judicial review congressional removal ameron army corps engineers becker concurring part second point overlooks deliberately ignores decisive difference congressional removal provision legislative veto struck chadha budget accounting act congress may remove comptroller joint resolution definition must passed houses signed president see california words removal comptroller statute satisfies requirements bicameralism presentment laid chadha majority citation chadha proposition congress may control acts officers passing new legislation ante sense casts doubt legitimacy removal provision provision allows congress effect removal action constitutes legislation defined chadha extent bearing problem us chadha seem suggest legitimacy statutory provision making comptroller removable joint resolution opinion chadha reflects view bicameralism presentment requirements art represent principal assurances congress remain within legislative role constitutionally prescribed scheme separated powers action taken accordance single finely wrought exhaustively considered procedure established art chadha supra presumptively viewed legitimate exercise legislative power action may represent less successful attempt congress control actions officer surely indicate unconstitutional one dispute congress power control administration legislation imposing duties substantive restraints executive officers legislation increasing decreasing funds made available officers legislation actually abolishing particular office indeed chadha expressly recognizes congressional meddling administration laws outside legislative process impermissible congressional control executive officers exercised legislative process valid thus existence statute permitting removal comptroller joint resolution legislative process renders exercise executive powers unconstitutional reasons virtually nothing chadha joint resolution removing comptroller general satisfy requirements legitimate legislative action laid chadha fully answer argument apparent even results constitutional legislative process may unconstitutional results fact destructive scheme separation powers nixon administrator general services question answered whether threat removal comptroller general cause joint resolution authorized budget accounting act renders comptroller sufficiently subservient congress investing executive power realistically equated unlawful retention power congress generally question whether genuine threat encroachment aggrandizement one branch expense buckley valeo common sense indicates existence removal provision poses threat principle separation powers statute permit anyone remove comptroller removal permitted specified cause existence cause determined congress following hearing removal statute presumably subject judicial review ensure hearing fact held finding cause removal arbitrary see ameron army corps engineers becker concurring part procedural substantive limitations removal power militate strongly characterization comptroller mere agent congress virtue removal authority indeed similarly qualified grants removal power generally deemed protect officers apply establish independence domination possessor removal power see humphrey executor removal authority limited manner properly viewed motivating adherence substantive standard established law inducing subservience particular institution enforces standard agent enforcing standard congress may significance comptroller congress substantively limited removal power undoubtedly less spur subservience congress unquestionable unqualified power enact legislation reducing comptroller salary cutting funds available department reducing personnel limiting expanding duties even abolishing position altogether importantly substantial role played president process removal joint resolution reduces utter insignificance possibility threat removal induce subservience congress pointed joint resolution must presented president ineffective vetoed unless veto overridden constitutionally prescribed majority houses congress requirement presidential approval obviates possibility comptroller perceive completely mercy congress function tool comptroller conduct office unsatisfactory president convince latter removal required statutory standard congress independent power coerce comptroller unless muster majority houses feat difficult required impeach convict incremental terrorem effect possibility congressional removal face presidential veto therefore exceedingly unlikely discernible impact extent congressional influence comptroller practical result removal provision render comptroller unduly dependent upon subservient congress render one independent officers entire federal establishment studied office agree procedural substantive limits power congress president remove comptroller make dislodging practically impossible one scholar put nearly years ago statute comptroller general confirmed safe long avoids public exhibition personal immorality dishonesty failing mentality mansfield comptroller general passage time done little cast doubt view six comptrollers served since none threatened much less subjected removal recent students office concur arring resignation death physical mental incapacity extremely bad behavior comptroller general assured tenure wants day mosher gao threat subservience ante obviously remote indeed realistic consideration nature comptroller general relation congress thus reveals threat separation powers conjured majority wholly chimerical power removal retained congress power exercised outside legislative process established constitution appear likely power adds significantly influence congress may exert executive officers undoubtedly constitutional exercises legislative power constitutionally guaranteed impeachment power indeed removal power constrained substantive limits requirement presidential approval practical matter congress exercised probably never exercise control comptroller general powers threaten goal dispersion power hence goal individual liberty separation powers serves ameron army corps engineers becker concurring part majority contrary conclusion rests rigid dogma outside impeachment process direct congressional role removal officers charged execution laws inconsistent separation powers ante reliance unyielding principle strike statute posing real danger aggrandizement congressional power extremely misguided insensitive constitutional role wisdom vesting executive powers officer removable joint resolution may indeed debatable may wisdom entire scheme permitting unelected official revise budget enacted congress matters part worked congress president legislative process affords branch ample opportunity defend interests act vesting authority comptroller general represents congress judgment delegation authority counteract deficits necessary proper exercise powers granted federal government constitution president approval statute signifies unwillingness reject choice made congress cf nixon administrator general services circumstances role limited determining whether act alters balance authority among branches government pose genuine threat basic division lawmaking power power execute law see threat join striking act dissent see ante solicitor general appeared behalf properly executive departments intervened attack constitutionality statute chief executive earlier endorsed signed law although humphrey executor characterized powers federal trade commissioner whose tenure issue clear ftc power enforce give content federal trade commission act proscription unfair acts practices methods competition fact executive sense comptroller authority involves implementation interpretation application act congress thus although humphrey executor found use labels helpful distinguishing decision myers terms hardly use limiting holding case justice jackson pointed mere retreat qualifying quasi implicit confession recognized classifications broken quasi smooth cover draw confusion might use counterpane conceal disordered bed ftc ruberoid dissenting cf ante ndoubtedly content act determines nature executive duty statute provides greatest extent possible precise guidelines officer assigned carry required budget cuts indicates vesting authority officer independent president sense deprive president significant amount discretionary authority rightfully vested officer accountable also answers claim act represents excessive hence unlawful delegation legislative authority majority address delegation argument shall discuss length refer reader district persuasive demonstration statute void nondelegation doctrine legislative history indicates inclusion president removal process deliberate choice part congress enacted budget accounting act previous year legislation establishing position comptroller general providing removal concurrent resolution resolution presented president vetoed president wilson ground granting sole power removal congress unconstitutional see cong rec congress responded providing removal joint resolution clearly evinces congressional intent removal take place legislative process presidential participation joint resolution passed houses congress signed president repassed president veto legislation force act congress somewhat mysterious focuses budget accounting act authorization removal comptroller resolution indicator comptroller may vested executive powers even without prior statutory authorization congress pass president sign joint resolution purporting remove comptroller validity legislation seem way dependent previous legislation contemplating surely fact congress might time pass president sign legislation purporting remove officer make exercise executive power officers unconstitutional since effect budget accounting act merely recognize possibility legislation congress might time attempt enact respect executive officer make exercise executive power comptroller problematic exercise power officer joint resolution purporting remove comptroller executive officer might constitutionally infirm congress advance assertion power enact legislation seems irrelevant question whether exercise authority officer might future subject possibly valid possibly invalid resolution permissible since provision contemplating resolution removal obviously way add congress power enact resolution course foregoing analysis imply removal provision budget accounting act meaningless although provision add power congress might pass legislation joint resolution removing comptroller limit power circumstances specified reason joint resolution purporting remove comptroller absence hearing one specified grounds removal deemed implied repeal limits removal act implied repeals disfavored thus joint resolution given effect extent consistent law extent actually cause removal cf humphrey executor entertained challenge presidential removal statute similarly limited removals specified cause cites statements made supporters budget accounting act indicating belief act removal provisions render comptroller subservient congress giving congress absolute control man destiny office ante scholarship however faulty time statements made including representative sisson statement may proposed legislation provided removal concurrent resolution presidential role see cong rec concededly substantive grounds removal statute broader grounds impeachment specified constitution see ante although given unclear whether limits impeachment power may policed body congress practical significance difference hard gauge seems likely difficulty obtaining vote removal houses offset increased likelihood removal might result greater liberality substantive grounds removal statute even removal congress alone joint resolution passed presidential veto marginally likely impeachment whatever additional influence comptroller congress may thereby possess seems likely minimal relation congress already possesses virtue general legislative powers power impeach course demonstrable constitution specifically limited congress role removal impeachment process insignificance marginal increase congressional influence resulting provision authorizing removal joint resolution answer claim unconstitutionality limit appears constitution constitution merely provides officers may impeached high crimes misdemeanors nowhere suggests impeachment sole means removing officers observation one seriously suggest judicial independence strengthened allowing removal federal judges joint resolution finding inefficiency neglect duty malfeasance ante described non sequitur issue whether removal provision makes comptroller independent removable impeachment whether provision weakens comptroller may exercise executive authority moreover reference standards applicable removal art iii judges red herring art iii judges unlike officers specifically protected removal constitutionally specified cause thus infirmity statute purporting allow removal judges reason violated specific command art iii absence similar textual limit removal nonjudicial officers test violation separation powers whether asserted congressional power remove constitute real substantial aggrandizement congressional authority expense executive power whether similar removal provision appear problematic applied federal judges author statement apologist comptroller rather study office premised desirability presidential control many comptroller functions nonetheless apparently found reason accuse comptroller subservience congress conceded political independence office fact one outstanding characteristics mansfield comptroller general professor mosher reference fact comptroller limited single term highlights additional source independence unlike officer fixed term may reappointed office comptroller need concern currying favor senate order secure consent reappointment majority responds facts indicating practical independence comptroller congressional control cataloging series statements materials categorizing comptroller part legislative branch ante meaningless labels quite obviously irrelevant question whether actuality comptroller subject congressional domination may participate execution laws justice stevens part finds comptroller agent congress thus incapable wielding authority granted act responsibilities variety statutes include making reports congress justice stevens position puzzling say least seems rest view officer required perform certain duties benefit congress somehow becomes part congress purposes means true officer must perform specified duties body body control acts agent carrying unrelated duties justice blackmun points see post duties toward congress imposed variety agencies including federal trade commission certainly credibly maintained virtue duties agencies become branches congress incapable wielding governmental power except legislative process indeed president numerous obligations statutory constitutional provide information congress see art ii cl surely president thereby transformed arm agency congress therefore justice stevens concedes see ante provision authorizing removal comptroller joint resolution suffice establish may exercise authority granted see substantial basis concluding various duties toward congress render incapable receiving power even concede exercise executive authority comptroller inconsistent removal provision agree justice blackmun striking provisions act vesting comptroller duties grossly inappropriate remedy supposed constitutional infirmity one features statutory scheme must go removal provision justice blackmun points mere fact parties standing seek invalidation spending limits dictate resolve constitutional incompatibility striking existence fallback provisions indicate appropriateness choice provisions terms go effect finds primary mechanism established act must invalidated means answer antecedent question whether take step given majority constitutional premises clear decision whether strike must depend whether choice less disruptive congressional objectives declaring removal provision invalid result comptroller still protected removal president also removed joint resolution choice put terms evident removal provision far less central overall statutory scheme underscored fact majority theory removal provision never constitutional comptroller primary duties act clearly executive definition comptroller important tasks legislation dictate accounting techniques executive agencies audit federal expenditures approve disapprove disbursement funds see mosher gao surely congress sacrificed role removal rather allow duties go unfulfilled comptroller independent president see cong rec justice blackmun dissenting may correct says congress constitutionally exercise removal authority official vested powers balanced budget emergency deficit control act gives comptroller general however removal powers comptroller general office dictate subservient congress ante agree justice white claim unrealistic furthermore think clear humphrey executor executive powers kind delegated comptroller general deficit control act need exercised officer serves president pleasure congress certainly prescribe standards procedures removing comptroller general seems attempt congress participate directly removal executive officer constitutionally prescribed procedure impeachment might well violate principle separation powers assuming congress part president constitutional responsibility carry laws view however important difficult question need decided litigation matter resolved plaintiffs appellees entitled relief requested appellees sought invalidation provision authorizes congress remove comptroller general joint resolution indeed far clear standing request judgment relief sought case nullification automatic provisions deficit control act relief awarded even correct provisions constitutionally incompatible congress authority remove comptroller general joint resolution incompatibility feel cured refusing allow congressional removal ever attempted striking central provisions deficit control act however wise foolish may statute unquestionably ranks among important federal enactments past several decades see sense invalidating legislation magnitude order preserve cumbersome removal power never exercised appears forgotten litigation district believed choice matter concluded comptroller general functions deficit control act constitutionally incompatible removal provision district considered bound matter orderly judicial procedure set aside statute challenged plaintiffs see synar supp dc majority today take view believe untenable district approach everything depends first files suit representative synar plaintiffs later joined case objected budget cuts made pursuant deficit control act district struck statute retaining removal provision comptroller general filed suit minutes congressman seeking declaratory judgment removal power constitutionally exercised light duties delegated comptroller general removal provision presumably invalidated deficit control act survived intact momentous issues public law decided arbitrary fashion view sensible way choose two conjunctively unconstitutional statutory provisions determine provision invalidated least disruption congressional objectives district apparently thought differently large part believed never undertaken analysis past instead according district set aside statute either allegedly prohibits allegedly authorizes confers standing upon plaintiff none four cases district cited proposition discussed problem choice remedy none strong argument made invalidating inconsistent statutory provisions interfered less substantially legislative goals less disruptive governmental operations importantly district ignored appears case expressly consider question two incompatible statutes invalidate glidden zdanok petitioners case received unfavorable rulings judges assigned temporary duty district appeals claims customs patent appeals argued rulings set aside judges specialized courts enjoy tenure compensation guaranteed article iii constitution assignments congress pronounced claims customs patent appeals article iii courts implying judges courts entitled article iii benefits older statutes however gave courts authority issue advisory opinions authority incompatible article iii status glidden held claims customs patent appeals indeed article iii tribunals respect jurisdiction justice harlan opinion plurality noted overwhelming majority claims business composed cases controversies since perverse make status courts turn upon minuscule portion purported functions justice harlan reasoned necessary particular offensive jurisdiction courts fall ibid justice clark opinion concurring result chief justice similarly concluded minuscule jurisdiction courts question bow article iii status clearly proclaimed congress vice versa thus recognized glidden makes sense resolve constitutional incompatibility two statutory provisions simply striking whichever provision happens challenged first similar recognition underlain approach equal protection cases concerning statutes create unconstitutionally circumscribed groups beneficiaries noted repeatedly defect may remedied either two ways statute may nullified benefits may extended excluded class see heckler mathews califano westcott although extension generally preferred alternative instructed lower courts choosing two remedies measure intensity legislative commitment residual policy consider degree potential disruption statutory scheme occur extension opposed abrogation heckler mathews supra quoting welsh harlan concurring result calculations kind obviously complicated faced two different statutes enacted decades apart glidden indicates even task judicially manageable matter difficult determine remedy less obstruct congressional objectives surely make determination best instead leaving selection litigants ii assuming comptroller general functions deficit control act exercised official removable joint resolution congress must determine whether legislative goals frustrated striking invalidating removal provision question answered fallback provisions act take effect event reporting procedures described section act invalidated stat question whether reporting procedures invalidated first place fallback provisions simply make clear congress prefer version deficit control act none provide evidence congress rather settle version surrender statutory authority remove comptroller general legislative history deficit control act contains mention statute houses congress argued necessary removal provision invalidated rather see brief appellant senate brief appellants speaker bipartisan leadership group house representatives accord brief appellant comptroller general extent absence express fallback provisions statute signifies anything appears signify removal provision invalidated congress preferred simply remainder statute remain effect without alteration absence express statutory direction think plain houses urge invalidating comptroller general functions deficit control act frustrate congressional objectives far seriously refusing allow congress exercise removal authority law majority suggests removal authority plays important role furthering congress desire keep comptroller general control justice white demonstrates see ante removal provision serves feebly purposes especially comparison effective means supervision congress disposal unless congress institutes impeachment proceedings course agree constitution permit law authorizes congress remove comptroller general specified cause hearing passing procedural equivalent new public law congress never attempted use cumbersome procedure comptroller general shown signs subservience congress wished make comptroller general lackey remarkably poor job indeed little evidence congress whole concerned much less intervening decades ability control comptroller general committee reports act predecessor bills strongly suggest critical legislators comptroller general subservience congress rather independence president see conf debates deficit control act contain suggestion comptroller general chosen tasks outlined congress thought count instead comptroller general appears selected precisely independence legislature executive assigning reporting functions comptroller general rather congressional budget office office management budget congress sought create wall takes decisions hands president congress cong rec remarks gephardt emphasis added see also remarks weiss remarks bedell course deficit control act hardly first statute assign new functions comptroller general good number duties delegated comptroller general years reason believe effecting earlier delegations congress relied heavily availability removal provision passing deficit control act past far likely congress concerned mainly comptroller general demonstrated political independence perhaps lesser extent long tradition service legislative branch neither characteristics depends significant extent ability congress remove comptroller general without instituting impeachment proceedings striking provision might marginally frustrate legislative expectations underlying grants authority comptroller general surely lesser extent invalidation along executive powers delegated comptroller general years claim removal provision piece statutory deadwood utterly without contemporary significance comes close rarely ever invoked even symbolic purposes removal provision certainly pales importance beside legislative scheme strikes today extraordinarily response deficit problem unprecedented proportions believe constitutional defect found justify remedy imposed respectfully dissent reasons identified district agree deficit control act violate nondelegation doctrine see synar supp dc justice stevens concludes delegation effected contravenes holding ins chadha congress may make law conformity express procedures constitution prescription legislative action passage majority houses presentment president agree made clear chadha bicameralism presentation requirements prevented congress exercising legislative power kind procedural shortcut veto challenged case also made clear holding way questioned congress authority delegate portions power administrative agencies explained executive action legislatively delegated authority might resemble legislative action respects subject approval houses congress president reason constitution require kind executive action always subject check terms legislation authorized authority exceeded open judicial review well power congress modify revoke authority entirely ibid although justice stevens seems agree duties delegated comptroller general assigned constitutionally independent administrative agency argues congress may give duties one agents ante explains comptroller general fits description statutory responsibilities require provide services congress congress repeatedly referred comptroller general part legislative branch see ante congress free delegate policymaking authority officer justice stevens contends able evade carefully crafted restraints spelled constitution ante quoting chadha view hat danger congressional action evades constitutional restraints present congress delegates lawmaking power executive independent agency ante think danger present either comptroller general congress part congress irrespective congress designation officer appointed president buckley valeo respect comptroller general differs critically example director congressional budget office appointed congress see hence may exercis significant authority pursuant laws buckley valeo supra see art ii cl exercise rulemaking authority independent agency federal trade commission offend chadha even though commission described agent congress carr ies effect legislative policies embodied statute accordance legislative standard therein prescribed humphrey executor see danger congressional action evades constitutional restraints becomes pronounced statute delegates power presidentially appointed agent whose primary duties require provide services congress impermissibility delegation surely rendered obvious fact officers perform services congress titles librarian architect printer see ante stevens concurring judgment furthermore sustaining constitutionality federal trade commission independent status noted specifically commission acts legislative agency making investigations reports thereon information congress aid legislative power justice stevens approach might make sense congress delegated legislative responsibility officer congress hope exercise tight control even justice stevens claim comptroller general officer myers refused enforce statute requiring congressional approval removal postmasters analysis suggested practical way duties office reformulated render congressional participation removal process permissible springer philippine islands removed office several philippine officials exercising executive powers appointed officers philippine legislature myers concluded offices nature executive appointments rendered legal simply trimming delegated duties buckley valeo set aside federal election campaign act provisions granting certain powers officials appointed congress structured remedy interfere little possible orderly conduct business federal election commission past acts improperly constituted commission deemed valid mandate stayed days allow time commission reconstituted presidential appointment see finally northern pipeline construction marathon pipe line set aside exercise judicial power bankruptcy judge tenure protected manner required article iii constitution give article iii protections bankruptcy judges federal bankruptcy statute rewritten completely although legislative history point sparse seems reasonably clear congress intended removal provision severable remainder statute earlier bill providing removal comptroller general impeachment concurrent resolution congress vetoed president wilson grounds congress constitutionally limit president removal power exercise power see cong rec course unsuccessful attempt override veto representative pell inquired pass president veto uphold contention president bill fail bill continue representative blanton answered certainly comptrollers general treasured defended independence office alone president also congress like institutions government gao depends upon congress powers resources general oversight also possesses continuing legal powers long recent standing congress granted exercise quite independent fashion comptroller general realistically speaking immune removal term anything short capital crime crippling illness insanity mosher tale two agencies see also ameron army corps engineers mosher gao mansfield comptroller general many comptroller general duties including listed majority see ante appear meet majority test plainly executive functions require comptroller general nterpre law enacted congress implement legislative mandate exercise judgment concerning facts affect application law ante indeed majority approach appear classify executive traditional duties comptroller general approving expenditure warrants rendering conclusive decisions legality proposed agency disbursements settling financial claims government see mosher tale two agencies three functions given comptroller general position created see stat understand majority assertion invalidating removal provision might make comptroller general subservient executive branch ante majority suggest official exercises functions deficit control act vests comptroller general must removable president perhaps president possesses inherent constitutional authority remove executive officials politically neutral grounds inefficiency neglect duty convinced see power enhanced nullification statutory provision giving similar authority congress event agree justice white justice stevens power remove officer reasons kind realistically expected make officer subservient meaningful sense removing authority cf humphrey executor