By Liz Nass
Gongwer News Service
Attorney General Dana Nessel released a formal opinion declaring the unilateral disapproval mechanism used by the House Appropriations Committee to cut $645 million in work projects in December is unconstitutional.
Following a request from Sen. Sarah Anthony, D-Lansing, to review the move through the Management and Budget Act, Nessel said in her formal opinion that the mechanism violates the Separation of Powers and Bicameralism and Presentment requirements in the Michigan Constitution.
She said the law “impermissibly” allows a legislative committee to control the executive’s implementation of already enacted laws.
The committee veto also does not comply with action needing approval from both legislative chambers as well as the governor, except in narrow circumstances outlined in the Constitution, the opinion says.
“By empowering a single legislative committee to negate the state budget director’s work-project designations, the statute reserves the very administrative control that the separation of powers forbids,” Nessel wrote in her opinion.
“This disapproval mechanism effectively creates a ‘legislative veto’ – or, more accurately, a ‘legislative committee veto.’ This comprises an unconstitutional reservation of administrative control that interferes with the executive
branch’s core function of executing the laws. Under Article 3, (section) 2, when an appropriation is enacted, the Legislature’s role ends, and the executive branch’s duty to faithfully execute the law begins.”
She said this mechanism is severable from the rest of the budget act. She called for the remaining portion of the statute, including State Budget Office authority to designate projects and reporting requirements, to remain intact and enforceable.
Nessel also released a video on her decision.
Attorney general opinions are binding on state agencies unless overturned in court.
Gongwer News Service
Attorney General Dana Nessel released a formal opinion declaring the unilateral disapproval mechanism used by the House Appropriations Committee to cut $645 million in work projects in December is unconstitutional.
Following a request from Sen. Sarah Anthony, D-Lansing, to review the move through the Management and Budget Act, Nessel said in her formal opinion that the mechanism violates the Separation of Powers and Bicameralism and Presentment requirements in the Michigan Constitution.
She said the law “impermissibly” allows a legislative committee to control the executive’s implementation of already enacted laws.
The committee veto also does not comply with action needing approval from both legislative chambers as well as the governor, except in narrow circumstances outlined in the Constitution, the opinion says.
“By empowering a single legislative committee to negate the state budget director’s work-project designations, the statute reserves the very administrative control that the separation of powers forbids,” Nessel wrote in her opinion.
“This disapproval mechanism effectively creates a ‘legislative veto’ – or, more accurately, a ‘legislative committee veto.’ This comprises an unconstitutional reservation of administrative control that interferes with the executive
branch’s core function of executing the laws. Under Article 3, (section) 2, when an appropriation is enacted, the Legislature’s role ends, and the executive branch’s duty to faithfully execute the law begins.”
She said this mechanism is severable from the rest of the budget act. She called for the remaining portion of the statute, including State Budget Office authority to designate projects and reporting requirements, to remain intact and enforceable.
Nessel also released a video on her decision.
Attorney general opinions are binding on state agencies unless overturned in court.
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