In a speech today, President Obama called for Congress to give him the power to reorganize government agencies, a power afforded to Presidents between 1932 and 1984.  More specifically, Obama outlined his plan to streamline the 6 different agencies that deal in business and trade in the federal government.  He also announced that the Small Business Administration will be elevated to a cabinet level position to “make sure that that small business owners have their own seat at the table in my Cabinet meetings.”  According to reports, these reforms will save the federal government $3 billion over 10 years and eliminate between 1,000 and 2,000 government jobs.  The President again asked for Congressional support, but said he would carry one “‘with or without Congress.” Of course, that flies in the face of the Constitution, but, as the Supreme Court ruled in 1983, so is much of the Reorganization Authority that was in place for ever 50 years.

The authority the President is asking for is certainly not unprecedented.  Presidents from Roosevelt to Carter used it with little problem to consolidate and reorganize agencies.  In 1983, however, the Supreme Court ruled in INS v. Chadha that any legislative veto, the provision of the Reorganization Authority that helped the President fast track reorganizations, was unconstitutional.  As a result, Congress reevaluated the Reorganization Authority, this time leaving Congress to make an up or down vote with no debate or discussion.  This became The Reorganization Act of 1984, though it was only in effect for 2 months before President Reagan let the act expire without asking for a renewal.

In his speech, President Obama did say that, if Congress should grant him this authority, reorganizations would be subject to a simple yes or no vote in both Houses of Congress.  If that should be the case, the authority the President is requesting appears to be Constitutional.  However, the President still has to have this authority granted to him by Congress.  In a time when the House is hell-bent on limiting the reach of the Executive Branch, that could be a hard fought battle.

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