COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROMAN L. HRUSKA, Nebraska HUGH SCOTT, Pennsylvania STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON SEPARATION OF POWERS JOHN L. MCCLELLAN, Arkansas CHARLES MCC. MATHIAS, JR., Maryland RUFUS L. EDMISTEN, Chief Counsel and Staff Director (II) CONTENTS HEARING DAYS Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina; chairman, Subcommittee on Separation of Powers__ Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of Mary- land; ranking minority member, Subcommittee on Separation of Powers Alioto, Hon. Joseph, mayor of the city of San Francisco, Calif.. Bennett, Hon. Charles E., U.S. Representative from the Third Congressional District of the State of Florida... Driver, William J., president, Manufacturing Chemists Associa- Turner, Hon. F. C., Federal Highway Administrator, Department of Transportation; accompanied by David E. Wells, chief coun- sel, Federal Highway Administration Udall, Stewart L., chairman of the board, the Overview Group; Page 84 14 Weinberger, Caspar W., Deputy Director, Office of Management and Budget; accompanied by Samuel M. Cohn, Assistant Di- Wisby, Dr. Warren J., Director, National Fisheries Center and Corrin, Brownlee Sands, professor, Department of Political Keller, Robert F., Assistant Comptroller General, General Accounting Office; accompanied by Paul Dembling, general counsel; and Simon Littman, attorney, General Counsel's Rehnquist, William H., Assistant Attorney General, Office of Standing panel members: Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina, chairman, Subcommittee on Separation of Powers; presiding. Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of Maryland; ranking minority member, Subcommittee on Separation of Powers. Gurney, Hon. Edward J., a U.S. Senator from the State of Florida, Edmisten, Rufus L., chief counsel and staff director, Subcommittee on Abramson, Joel M., minority counsel, Subcommittee on Separation of Bickel, Alexander M., professor of law, Yale University, and Center Johnson, Loch K., associate professor of political science, University of North Carolina at Chapel Hill. Miller, Arthur S., professor of law, the George Washington University; Stolz, Preble, professor of law, University of California School of Law, Winter, Ralph K., Jr., professor of law, Yale University; consultant, ADDITIONAL STATEMENTS AND VIEWS SUBMITTED FOR THE RECORD Statements: Page American Library Association... 394 Ellender, Hon. Allen J., a U.S. Senator from the State of Louisiana; chairman, Committee on Appropriations, U.S. Senate.. 395 Evins, Hon. Joe L., U.S. Representative from the Fourth Congressional District of the State of Tennessee 361 McGovern, Hon. George, a U.S. Senator from the State of South 166 Valley Center Municipal Water District, Hadley Johnson, acting general manager and chief engineer... 399 Zablocki, Hon. Clement J., U.S. Representative from the Fourth Alabama Regional Medical Program, Beverly Smith, research assistant, Allen, Hon. James B., a U.S. Senator from the State of Alabama, Aspinall, Hon. Wayne N., U.S. Representative from the Fourth Congressional District of Colorado, chairman, Committee on Interior and Insular Affairs, U.S. House of Representatives, letter of March 16, 1971.... Association of Research Libraries, Stephen A. McCarthy, executive director, letter of March 25, 1971.... Atomic Energy Commission, U.S., Hon. Glenn S. Seaborg, Chairman, Atomic Energy, Joint Committee on, Congress of the United States, Bennett, Hon. Charles E., U.S. Representative from the Third Con- 307 400 404 276 404 405 406 431 441 Bureau of the Budget, U.S., Hon. Robert P. Mayo, Director, letter of 10 Carey, William D., former Assistant Director, Bureau of the Budget, 275 Correspondence Continued Carson, James B., attorney at law, Felluca & Carson, Baltimore, Md., letter of February 12, 1971; with attachment.. Page 447 Citizens Advocate Center, Edgar S. Cahn, executive director, letter of April 6, 1971; with attachments... 451 Commerce, U.S. Department of, Hon. Maurice H. Stans, Secretary, letter of April 10, 1969. 469 Commercial Fisheries, Bureau of, Fish and Wildlife Service, U.S. Defense, U.S. Department of, Robert C. Moot, Assistant Secretary Federal Trade Commission, Hon. Paul Rand Dixon, Chairman, letter Federal Maritime Commission, Hon. John Harllee, Rear Admiral, U.S. Navy (Retired), Chairman, letter of February 12, 1969.-. Garmatz, Hon. Edward A., U.S. Representative from the Third Congressional District of Maryland, chairman, Committee on Merchant Marine and Fisheries, U.S. House of Representatives, letter of March 3, 1971.. General Services Administration, Hon. J. E. Moody, Acting Administrator, letter of March 13, 1969. Hansen, Hon. Julia Butler, U.S. Representative from the Third Congressional District of the State of Washington, chairman, Subcommittee on Interior and Related Agencies: Letter of March 15, 1971.. 469 470 483 483 484 484 485 486 Letter of March 18, 1971__ Letter of March 26, 1971; with attachments_ 169 486 Health, Education, and Welfare, U.S. Department of, James F. 488 489 Interstate Commerce Commission, Hon. Virginia Mae Brown, Chairman, letter of February 18, 1969_.. 498 Jordan, Hon. Len B., a U.S. Senator from the State of Idaho, letter to George Shultz, Director, Office of Management and Budget, of March 22, 1971; with attachment_ _. 499 Justice, U.S. Department of, John J. Kaminski, Director, Office of 500 Labor, U.S. Department of, Hon. George P. Shultz, Secretary, letter of March 11, 1969. 500 501 Landstrom, Karl S., letter of March 27, 1971.. MacGregor, Clark, Counsel to the President for Congressional Relations, reply to Hon. Charles E. Bennett, February 25, 1971----Mahon, Hon. George H., U.S. Representative from the 19th Congressional District of Texas, chairman, Committee on Appropriations, U.S. House of Representatives, letter of February 25, 1969; with attachment_. McBryde, R. Ross, M.D., chairman, Regional Advisory Group, Alabama regional medical program, letter of March 22, 1971; with attachments_. 442 501 276 Nader, Ralph, attorney at law, Washington, D.C., letter of March 19, 1971; with attachment_ 503 National Aeronautics and Space Administration, Robert F. Allnutt, Assistant Administrator for Legislative Affairs, letter of March 25, 1969__. 510 National Association of Housing & Redevelopment Officials, Eneas J. 511 518 National Housing Conference, Inc., Nathaniel S. Keith, president, letter of March 29, 1971. 518 National Labor Relations Board, Hon. Frank W. McCulloch, Chairman, letter of March 14, 1969, with attachment.. 519 Correspondence-Continued National Tuberculosis & Respiratory Disease Association, Robert J. Patman, Hon. Wright, U.S. Representative from the First Congres- Russell, Hon. Richard B., a U.S. Senator from the State of Georgia, Scott, Hon. Hugh, a U.S. Senator from the State of Pennsylvania, submitting letter from Clyde H. Slease, counsel and assistant to the president, Dravo Corp., of February 15, 1971... Page 520 520 521 522 523 523 537 Securities and Exchange Commission, Hon. Hamer H. Budge, Chairman, letter of February 28, 1969__ 538 Small Business Administration, Hon. Hilary Sandoval, Jr., Administrator, letter of March 14, 1969. 538 State, U.S. Department of, Ralph S. Roberts, Deputy Assistant Treasury, U.S. Department of the, Ernest C. Betts, Jr., Deputy 539 540 550 552 560 Veterans' Administration, Hon. W. J. Driver, Administrator of 560 STATUTES, OPINIONS, AND DECISIONS Attorney General of the United States, Opinion of, "Federal-Aid Highway Act of 1956-Power of President to Impound Funds," No. 32, February 25, 1967. Comptroller General of the United States: Decision No. B-160891, February 24, 1967_. H.R. 17399, Second Supplemental Appropriations B ls, 970, excerpts, United States Code, title 31, section 665, "The Antideficiency Act". SUPPLEMENTAL MATERIAL Bennett, Hon. Charles E., U.S. Representative from the Third Congres- 61 65 562 566 4 442 364 Davis, Gerald W., "Congressional Power to Require Defense Expenditures,' 44 Fordham Law Review 39 (1964). Democratic caucus, House of Representatives, memorandum of March 26, Domrese, Robert J., professor, Harvard Law School, "The Treasury's 584 505 |