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A Skewed Balance of Power
The Founding Fathers devised a system of governance based on “checks and balances.” The men who put together the American form of democracy were concerned that no one branch of government should be able to accumulate excessive power. States developed their own constitutions with similar systems. When it comes to developing budgets, for example, the American system grants to the executive branch the power to propose budgets and manage them after approval by the legislative branch. Typically, the legislative branch receives the executive’s budget plan and is free to change it as it sees fit, usually subject to the Governor’s line item veto. That system of checks and balances is found in over 40 states. But New York is not one of them. New York’s state constitution is far different from the vast majority of American states. New York’s Governor wields enormous power. He is arguably the most powerful chief executive in the nation. When it comes to budget making, the New York Governor proposes the budget, but the legislature has very limited ways of changing what the Governor has proposed. Under the state constitution, the Governor is allowed to propose two different forms of budget legislation to the legislature. One type is called “language” bills, usually changes in law that the Governor would like to see as part of the budget. The other type is called “appropriation” bills. Appropriation bills are the actual spending proposals. For years, appropriation bills were the Governor’s spending proposals and the “language” bills were policy changes. The New York courts have ruled that the legislature is very constrained in its ability to change appropriation bills. As a result, Governor Pataki has regularly used appropriation bills not only as his spending plans, but to actually change policies too. The court ruling has left the legislature with three options:
Here is one example of how the Governor uses his power. In order to fund the TAP program – the financial aid program for needy college students – the legislature must accept the Governor's changes to that program imbedded in his appropriation language. The Governor’s appropriation called for, among other changes, making it harder for some full-time students to get financial aid. So if the Legislature wants to fund TAP at any level, then it must accept the Governor's limitations and then try to add any additional funds to the program, which would be subject to the Governor’s veto, or reject the entire TAP program altogether. The Governor’s budget proposes at least a dozen such take it or leave it proposals. New York’s Governor is one of four executives in the nation that has this type of power. The remaining 46 allow their legislatures more authority in budgetmaking. How the legislature addresses the Governor’s proposed changes will be the critical test of whether the budget gets done on time this year. If the Governor is accommodating to changes in his appropriation bills, then there is a good chance that Albany will see an on-time budget 2 years in a row. If, however, the Governor remains adamant and refuses to agree to such changes, the only alternative to the legislature will be to refuse to act. That has been the tactic that has led to New York’s chronic late budgets. How this plays out, only time will tell. The outcome is largely in the hands of the Governor. That’s all for now. I’ll be keeping an eye on the Capitol and will talk to you again next week. |
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