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Case Briefing - Essay Example

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Case Briefing
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Download file to see previous pages Under the law, Congress delegates to the Comptroller General of the United States the power to restrict federal budget spending by making across-the-board cuts to it and upon the recommendation of the Directors of OMB and CBO whenever the maximum allowable deficit amounts are exceeded. The Comptroller General then presents this to the President who is required to release a “sequestration order” effecting the Comptroller’s reductions unless Congress enacts a law mandating a specific budget cut thus obviating the President’s “sequestration order”. Moreover, Congress is given the power to terminate the Comptroller General through a joint resolution for reasons of inefficiency, malfeasance or neglect of duty. The other method of removing the Comptroller is through impeachment. (2) Congressman Synar and 11 others immediately filed a declaratory relief complaint before the District Court which held that the delegation of power to the Comptroller General violated the constitutionally imposed doctrine of separation of powers.
III. THE LAW: The relevant law under scrutiny in this case is the Doctrine of Separation of Powers as entrenched in the US Constitution under Article I (legislative powers in a Congress), Article II (executive power in a President) and Article III (judicial power in one Supreme Court and in other inferior courts). IV. ISSUES: (1). Whether or not the assignment by Congress to the Comptroller General of the United ...Download file to see next pagesRead More
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Briefing Note

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