can Monographs, No. 1, Harvard University Publications (Boston: Ginn and Co., 1890), p. 138.

14. Calvin P. Godfrey, The Veto (Columbus, Ohio: Spahr and Glenn, 1912), p. 9.

15. As quoted in Wilkinson, op. cit., p. 9.

16. Charles A. Beard, Readings in American Government and Politics (New York: Macmillan Co., 1909), p. 444.

17. Wilkinson, op. cit., pp. 13, 14.

18. Griffith, Congress, p. 27.

19. Wilkinson, op. cit., p. 20.

20. William H. Taft, Our Chief Magistrate and His Powers (New York: Columbia University Press, 1915), p. 27.

21. William H. Taft, The Presidency: Its Duties, Its Powers, Its Opportunities, and Its Limitations (New York: Charles Scribner's Sons, 1916), pp. 19-20.

22. Mason, op. cit., pp. 137-38.

23. Ibid., p. 112.

24. H. R. Rep. No. 1879, 49th Cong., 1st Sess., 3 (1886).

25. Bertram M. Gross, The Legislative Struggle (New York: McGraw-Hill,

1953), p. 394.

26. Hyneman, op. cit., pp. 237-38.

27. Griffith, Congress, p. 28.

28. For a careful treatment of the President's im

ding powers, see J. D. Williams, The Impounding of Funds by the Bureau of the Budget, InterUniversity Case Program Series, No. 28 (Tuscaloosa, Ala.: University of Alabama Press, 1955).

29. U. S. Bureau of the Budget, "Budget Bureau Authority to Set up Reserves Against Appropriations," Memorandum, March 10, 1948, Exhibit A, pp. 3-4. (Mimeographed)

30. Letter from the Director, Harold D. Smith, Bureau of the Budget, to t! Chairman of the House and Senate Committees on Appropriations, regarding the setting up of reserves, December 13, 1943.

31. H. R. 3598 (as passed by the Senate), 78th Cong., 1st Sess. (1943). 32. The following discussion of litigation involving the item veto of governors is drawn from Wilkinson.

33. Com. ex rel. Elkin v. Barnett, 199 Pa. 161 (1901).

34. State University v. Trapp, 28 Okla. 82 (1911).

35. People ex rel. State Bd. v. Brady, 277 Ill. 124 (1917).

36. See Robert A. Wallace, "The Case Against the Item Veto," Hearings before House Subcommittee No. 3 of the Committee on the Judiciary, 85th Cong., 1st Sess., 98-105 (1957).

37. H. R. Rep. No. 1879, p. 3.

Chapter 11

1. Avery Leiserson, "Co-ordination of Federal Budgetary and Appropriations Procedures under the Legislative Reorganization Act of 1946," National Tax Journal, I, No. 2 (June, 1948), 120.

2. See, for example, Galloway, University of Illinois Bulletin, L, No. 31, 15-16; and League of Women Voters of the U. S., Mr. Congressman.... His Moneybags and Watchdogs, Publication No. 16 (Washington, 1953), p. 4.

3. Browne, op. cit., pp. 50-51. As authorities, Browne cited DeAlva S. Alexander, History and Procedure of the House of Representatives (Boston: Houghton Mifflin Co., 1916), p. 234; and Congressional Globe, 39th Cong, 1st Sess., 21 (1895).

4. Ibid. Here Browne cited Congressional Globe, 40th Cong, 1st Seas, 10 (1897).

5. Senate Committee on Expenditures in the Executive Departments, Hearings on S. 913, to Create A Joint Committee on the Budget, 82d Cong., 1st Sess., 1 (1951). Cited hereafter as Senate, Hearings on S. 913, 1951.

6. Introduced by Senator McClellan on February 19, 1951. This measure passed the Senate by a vote of 55 to 8 on April 8, 1952. Failing to pass the House, it was reintroduced on May 1, 1953, as S. 833 of the 83d Cong., jointly sponsored by 59 Members of the Senate. See Senate Subcommittee on Reorganization of the Committee on Government Operations, Hearings on S. 833, to Create a Joint Committee on the Budget, 83d Cong., 1st Sess., 1 (1953).

7. See House Committee on Rules, Hearings on S. 913, and H. R. 7885, to Create a Joint Committee on the Budget, 82d Cong., 2d Sess., 9 (1952). Cited hereafter as House, Hearings on S. 913, 1952.

8. Senate, Hearings on S. 913, 1951, pp. 1-2.

9. House, Hearings on S. 913, 1952, pp. 34, 42.

10. Hyneman, op. cit., p. 356.

11. Galloway, Congress at the Crossroads, pp. 260-61.

12. Between the adjournment of the 2d Session of the 84th Congress and the 1st Session of the 85th Congress, for example, the General Accounting Office sent to the Congress 179 Audit and Investigative reports and also reports on 665 bills. During the same period GAO representatives testified before Congressional Committees on 31 occasions and "participated in numerous conferences with Members of Congress and Committee staff employees." U. S. General Accounting Office, Report of the Comptroller General (Washington: U. S. Government Printing Office, 1958), p. 10.

13. H. R. Rep. No. 1441, 81st Cong., 1st Sess., 29 (1949).

14. See Harvey C. Mansfield, "The General Accounting Office," Fiscal Management in the National Government, President's Committee on Administrative Management, Part 2 (Washington: Government Printing Office, 1937), pp. 33-62. See also Wilmerding, op. cit., pp. 250-308.

15. Galloway, Congress at the Crossroads, p. 265.

16. Leonard D. White, "Congressional Control of the Public Service," The American Political Science Review, XXXIX, No. 1 (February, 1945), 10. 17. Joint Committee on Organization of Congress, Hearings, 79th Cong., 1st Sess. (1945). Cited hereafter as Joint Committee, Hearings.

18. S. Rep. No. 1011, 79th Cong., 2d Sess. (1946).

A

19. Memorandum to Senator Paul H. Douglas from George B. Galloway on Section 206 of the Legislative Reorganization Act, March, 1954. See also

Joint Committee, Hearings, especially pp. 528-30, 538, 541, 543–44.

20. Ibid., p. 7.

21. Ibid., pp. 272, 750, 856, 983-85, 1001-05.

22. H. R. 30, H. R. 3275, and H. R. 3274, 78th Cong., 1st Sess. (1943). 23. Harris, op. cit., pp. 247–50.

24. H. R. Rep. No. 1441, p. 21.

25. The information concerning early GAO plans to implement Section 206 has been drawn from a memorandum to George B. Galloway from John Leibenderfer, "Report on G.A.O's Progress in Setting up the Expenditure Analysis Unit Required by Section 206, Legislative Reorganization Act,” December 26, 1946.

26. House Subcommittee of the Committee on Appropriations, Hearings, Independent Offices Appropriations, 1948, 80th Cong., 1st Sess., 21-28 (1947).

27. H. R. Rep. No. 589, 80th Cong., 1st Sess. (1947).

28. Senate, Hearings on S. 913, 1951.

29. Ibid.

Chapter 12

1. Hyneman, op. cit., pp. 124-25.

2. Galloway, Congress at the Crossroads, p. 247.

STRUCTURAL REFORM OF

THE FEDERAL

BUDGET PROCESS

William A. Niskanen

American Enterprise Institute for Public Policy Research

Washington, D. C.

William Niskanen is professor of economics in the Graduate Schoc.
of Public Policy, University of California at Berkeley.

Domestic Affairs Study No. 12, April 1973

ISBN 0-8447-3099-8

Library of Congress Catalog Card No. L.C. 73-79384

1973 by American Enterprise Institute for Public Policy Research,
Washington, D.C. Permission to quote from or to reproduce materials
in this publication is granted when due acknowledgment is made.

Printed in United States of America