David Cay Johnston: “Then let whoever wishes answer it. I think it is a very serious question. And I do not think it is answered by the terms…”

“Then let whoever wishes answer it. I think it is a very serious question. And I do not think it is answered by the terms of the amendment or by the legislative history here. After all, we have a Budget Control and Impoundment Act, but this is the Constitution we are expounding. I think it is at least arguable, if not persuasive, that this constitutional amendment would overrule that Budget Control and Impoundment Act and would return us to the days of President Nixon where he felt that he had the inherent power to impound. Indeed, he might feel as if he had the inherent duty to impound. I think we better find the answer to that and, if it is not clear under the amendment, make it clear. I might say to my friend from California that I propose later on to make it clear what the authority of the courts is by an amendment which I am working on, and I would like to also make it clear what the power of the President is. These are fundamental constitutional questions with overriding importance to the country, and before we pass a constitutional amendment we need to know whether it is enforceable and, if so, by whom.”