Statement on Signing the
Federal Debt Limit and Deficit Reduction Bill
I
am today signing H.J. Res. 324, which raises the debt ceiling and amends the
Balanced Budget and Emergency Deficit Control Act of 1985. In addition to the
views expressed in my public remarks on this occasion, certain provisions of
this joint resolution require technical comment as a matter of legislative
history.
First,
the Supreme Court's recent decision in Bowsher v. Synar, which struck down portions of the original
Gramm-Rudman-Hollings law, makes clear that the Comptroller General cannot be
assigned executive authority by the Congress. In light of this decision,
section 206(c) of the joint resolution, which purports to reaffirm the power of
the Comptroller General to sue the executive branch under the Impoundment
Control Act, is unconstitutional. It is only on the understanding that section
206(c) is clearly severable from the rest of the joint resolution, under the
reasoning of the Supreme Court's 1987 decision in Alaska Airlines v. Brock,
that I am signing the joint resolution with this constitutional defect.
Second,
I wish to make clear my understanding that sections 252(a) (1) and (2) of the
amended act -- which direct the President to issue in strict accordance with
the report submitted by the Office of Management and Budget -- do not preclude
me or future Presidents from exercising our authority to supervise the
execution of the law by overseeing and directing the Director of OMB in the
preparation and, if necessary, revision of his reports. If this provision were
interpreted otherwise, so as to require the President to follow the orders of a
subordinate, it would plainly constitute an unconstitutional infringement of
the President's authority as head of a unitary executive branch.
Third,
section 106(f) of the joint resolution purports to require the President to submit
a budget that complies with certain conditions concerning reductions in
spending. In light of the President's plenary power under Article II, sec. 3 of
the Constitution to submit to the Congress any legislation he deems necessary
and expedient, this provision must be viewed as merely precatory.
Finally,
to preserve the President's right to be presented with the full text of bills,
resolutions, and orders submitted for his approval, I am construing section
251(a)(6)(C)(i) of the
amended act -- which contains parenthetical language that could be viewed as
attempting to incorporate committee reports by reference into legislation --
consistently with my understanding that material intended to have the force of
law must itself be presented to the President.
Note: H.J. Res. 324,
approved September 29, was assigned Public Law No. 100 - 119.