The U.S. Constitution is designed to prevent any one branch of government from accumulating too much power. In particular, the framers developed a system of checks and balances to prevent the president from taking excessive powers from the other branches, leading to a gradual slide into monarchy. But Congress this year is considering a series of legislative proposals that would erode the power of the House and the Senate and expand the power of the president for decades to come.

Responding to the difficult, messy, and sometimes imperfect system for drafting the federal budget, several members of Congress have proposed “reforms” that could seriously damage popular federal programs and shift even more power from Congress to the executive branch. The line item veto, sunset commissions, and the “Gregg mechanism” are key words describing far reaching proposals to restructure how decisions are made about federal spending. All of them hand legislative power to the White House.

Few people dispute that the process for writing a federal budget is imperfect. But spending decisions belong in Congress, with our democratically elected representatives. Undermining the separation of powers in the Constitution is not the solution. Congress should establish a clear, transparent, and more accountable system for approving the federal budget. Members of Congress should not simply throw up their hands and say to the president “Here, you decide.”

Line Item Veto Lets President Change Programs and Funding

The House is scheduled to vote this week on legislation providing the president with the line item veto – legislation that would allow the president to re-write Congress’ decisions about programs and spending (H.R. 4890, S. 2381). The president would be authorized to send a “special message” to Congress, requiring that spending on certain programs be cut, or that eligibility for certain benefits (such as Medicare or student aid) be changed to save money. Congress would have just 14 days to consider the president’s “special message.” No amendments would be allowed – Congress would have to vote yea or nay on the whole package of proposed cuts and program changes. The president could withhold spending on selected programs for 90 days or longer, whether or not Congress approves his proposed rescissions.

Sunset Commission Sidelines the Congressional Review Process

After the July 4 recess, the House will debate several proposals to set up a commission appointed by the president to review all federal programs according to “performance criteria” and to recommend continuance or abolition of each one. Several proposals are being negotiated by House leaders. One would mandate a one-time review of all programs (except military). Another approach would require all programs to be reviewed every 10 years. (So far, these bills include military spending.) Congress would be required to take very quick action on the commission’s recommendations. If Congress fails to act before a stated deadline, the program would be terminated. 

The “Gregg Mechanism” Puts Budget-Cutting on Autopilot

The Senate is considering a broader proposal (S.3521), introduced by Senate Budget Committee Chair Judd Gregg (NH) and Senate Majority Leader Bill Frist (TN), that would slice funding for programs such as Medicare, Medicaid, food stamps, and student aid to comply with a formula linked to economic indicators. This proposal also includes a version of the line item veto and the sunset commission.

What’s Likely to Happen?

The House is acting now on line item veto legislation. Sunset commission proposals will be considered by both houses after the July 4 recess. Though these topics are complex in their details, the overall message that members of Congress need to hear from their constituents is a simple one: Spending decisions belong in Congress, with our democratically elected representatives. Urge your representative and senators to strengthen Congress’s responsibility for these decisions, and not to cede that authority to the president.

Read more about the line item veto (Center on Budget and Policy Priorities).
Read more about sunset commissions (Center on Budget and Policy Priorities).
Read more about proposed budget reforms (from FCNL's website).

Read the latest FCNL Washington Newsletter “Democracy in the Balance”

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