GENERALLY
Subject to constitutional restrictions,
the legislature is supreme in matters
concerning appropriations.2 The legis-
lative branch may not delegate the
power to appropriate — it may not give
the governor such a power. However,
the legislature may appropriate a spe-
cific sum and give the governor the
power to reduce, transfer or eliminate
items therefrom.3 Without statutory or
constitutional authority, though, the ex-
ecutive branch cannot make, alter or
exceed appropriations.4
Some state constitutions establish
budget systems, under which it may be
provided that appropriation bills shall
originate with the governor and that the
legislature may be restricted to reduc-
ing, striking, or adding items to a bill
submitted by the governor.
IN MARYLAND
The legislative power to make appro-
priations is controlled by the Constitu-
tion. The so-called budget amendment5
directs the General Assembly not to
appropriate any money except in ac-
cordance with its provisions. All author-
izations for the disbursement of state
funds must be made by either a budget
bill or a supplementary appropriation
1 This article was prepared for the Commis-
sion by Kenneth L. Lasson, a research assistant
for the Commission and at present Assistant to
the Dean at the University of Maryland School
of Law; B.A., 1963, The Johns Hopkins
University; LL.B., 1966, University of Mary-
land; M.A., 1967, The Johns Hopkins Uni-
versity.
2 See generally 81 C.J.S. States §§ 160-61
(1953).
3 C.J.S. supra nn. 71-74.
4 C.J.S. supra n. 79.
5 md. const, art. Ill, §52, as amended
1964.
236
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bill, and a law which constitutes neither
will violate the constitutional require-
ments and will be void.6
Maryland has a budget system simi-
lar to those mentioned above.7 Under
the system, the governor must submit a
budget which shall contain a complete
plan of proposed expenditures and esti-
mated revenues for the fiscal year to
which it relates. The General Assembly
may make additional appropriations in
the form of supplementary bills which,
to be valid, must provide the necessary
revenue to pay the appropriation there-
by made by a direct or indirect tax. As
stated in 20 maryland law encyclo-
pedia, State Government, Section 84:
"The heart of the budget system is
to impose upon the Governor the sole
responsibility of presenting to the
Legislature a complete and compre-
hensive statement of the need and
resources of the State, to make it im-
possible for the Legislature so to
change the terms proposed by the
Governor as to produce a deficit, but
to permit the Legislature to make pro-
vision for any purpose not included in
the Governor's plan on the condition
that it provide for the revenue which
the accomplishment of its purpose
necessitates. . . ."8
The Court of Appeals has pointed out
that the governor's budget bill is to be
6 See generally 20 maryland law ency-
clopedia State Government § 84 (1962), and
the following cases: Dorsey v. Petrott, 178 Md.
230, 13A.2d 630 (1940) ; City of Baltimore v.
O'Conor, 147 Md. 639, 128 A. 759, (1925);
McKeldin v. Steedman, 203 Md. 89, 98 A.2d
561 (1953).
7 See md. const, art. III, § 52.
8 20 maryland law encyclopedia, State
Government % 84, at 324-325 (1962).
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