Bowsher v. Synar

Media Items
Bowsher v. Synar - Oral Argument
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Advocates
Lloyd N. Cutler (Argued the cause for the appellant in No. 85-1377)
Alan B. Morrison (Argued the cause for appellees Synar et al)
Steven R. Ross (Argued the cause for the appellants in No. 85-1379)
Charles Fried (Argued the cause for the United States)
Michael Davidson (Argued the cause for the appellant in No. 85-1378)
Lois G. Williams (Argued the cause for appellees National Treasury Employees Union et al)
Case Basics
Docket No.: 
85-1377
Petitioner: 
Synar
Respondent: 
Bowsher
Consolidation: 
No. 85-1378
No. 85-1379
Decided By: 
Burger Court (1981-1986)
Opinion: 
478 U.S. 714 (1986)
Categories: 
separation of powers, congress, justiciability, presidency
Location No location information present.

Cite this page
The Oyez Project, Bowsher v. Synar , 478 U.S. 714 (1986)
available at: (http://oyez.org/cases/1980-1989/1985/1985_85_1377)
Facts of the Case: 

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

Question: 

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

Conclusion: 

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

Decisions

Decision: 7 votes for Synar, 2 vote(s) against
Legal provision: Article 1, Section 7, Paragraph 2: Separation of Powers

Sort by Ideology

Wrote the majority opinion
Burger
Voted with the majority
Brennan
Wrote a dissent
White
Voted with the majority, joined Stevens' concurrence
Marshall
Wrote a dissent
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Wrote a special concurrence
Stevens
Voted with the majority
O'Connor

Full Opinion by Justice Warren E. Burger

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