
Sunset Commission Threatens Separation of Powers
by Guest Blogger, 5/15/2006
By placing broad reorganization authority in an unelected body chosen by the White House and muzzling congressional debate on reorganization or termination recommendations, the sunset commission proposal would usurp the authority of democratically elected representatives and override the constitutional separation of powers.
Abdication of Congressional Authority
Congress already has the power to reorganize government programs when it determines the need to do so, and Congress revisits their effectiveness and continued existence each year in appropriations. The sunset concept would usurp power from Congress by entrusting unelected commissions with important decisions about all government services.
By voting to give the White House the authority to broadly reorganize government and terminate government programs, Congress would be abdicating its oversight authority of the executive branch.
Concentrating Power in the Executive Branch
Much like the line-item veto, the sunset proposal would be a sweeping power grab for the executive branch. With a commission chosen by the White House and charged with using assessments of agency performance developed by the White House, the executive branch would arrogate to itself the oversight activities that should be performed by Congress. Such a concentration of power threatens the balance of powers between the executive and legislative branches created by the constitutional order.
Moreover, in a political climate in which the White House has not hid its disdain for many federal programs and agencies, such a power grab could have devastating consequences.
Muzzling Dissent
Decisions this crucial — about the government’s priorities on issues such as health care, retirement security, environmental protection, and even homeland security and defense — deserve the full debate and consideration of elected bodies. Sunset bills would give the White House the power to ram major changes to government through Congress and impose such severe limitations on debate that they would muzzle our elected representatives from speaking on these vital issues.
The sunset proposals currently in Congress would all require a fast-track, up-or-down vote with no opportunity for amendment on all recommendations, giving elected officials little opportunity to debate or compromise on the terminations being proposed.
