Constitutional Law Keyed to Cohen
Bowsher v. Synar
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Respondents, Congressman Synar and the National Treasury Employees Union, challenged the constitutionality of Congress’ assignment of certain functions to the Comptroller General under the Gramm-Rudman-Hollings Act (“Act”). Respondents claimed that it violated the doctrine of separation of powers. The Act consisted of a three-tiered procedure to control spending. The Comptroller General is nominated by the President and removable only by impeachment or by joint resolution of Congress. A three-judge district court held that the Act was unconstitutional because it imposed executive functions on the Comptroller General and that those functions could not be exercised by an officer removable by Congress.
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