Reading Room Document

Constitutionality of Proposed Budget Process Reform Legislation

Proposed legislation that would assign the Congressional Budget Office the duty to determine whether a spending bill would exceed current spending limits, thereby requiring a supermajority (two-thirds) vote in each House of Congress for passage, is constitutional. Such a delegation would not raise problems under INS v. Chadha, because Congress may by rule require a supermajority majority vote in each House for passage of certain legislation under Art. I, § 5, cl. 2. The proposed legislation may also subject spending bills passed in this manner to rescission by the President. With respect to entitlements, however, Congress must enact legislation specifically making the expenditure of a certain percentage of the appropriated funds non-mandatory before such rescission authority may be exercised. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23941/download.

May 26, 1987