Yes, in this constitutional amendment we could include a provision that would preclude the Federal and State courts from any such involvement here or we could lay down certain limitations. But, Mr. President, as Chief Justice John Marshall said, ``Let us not forget that we are expounding a Constitution.'' Let us not forget, if I may paraphrase, that we are amending a Constitution. Now, to have an amendment here limiting the courts and precluding the courts from becoming involved, would only deal with half of the problem. It does not keep the Executive from exercising the power of the purse. If the courts cannot intervene, it only increases the likelihood that the President himself will take the bull by the horns and say, ``I will impound these funds. I will line item this out. I will rescind this and this and this and this,'' and, as a result, the President acquires a control over the purse that he does not have in the Constitution that has come down to us. Consequently, I would consider that as mortal a danger to the separation of powers and checks and balances as if the courts intervened.
Editor's note · Context
Byrd discusses the implications of a constitutional amendment limiting court involvement in budgetary matters.
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