The Iowa Budget and Financial Control Committee—A Problem in Separation of Powers

The Iowa Budget and Financial Control Committee, created by the Iowa legislature and composed of members of both houses thereof, is vested with power to investigate all facets of state government and to control extensive areas of state spending. Since the activity of this committee permeates so many facets of government, it would seem that a legal analysis of the committee must necessarily be considered in light of article III, section 1, of the Iowa Constitution, which provides for the separation of powers of government. The specific problems raised by such a committee in light of this constitutional principle would seem to include the questions of whether or not there is an improper delegation of power to the committee; whether the conducting of investigations and administering emergency funds is proper; whether the committee should be allowed to exercise discretionary powers of approval; and whether weight should be accorded custom and usage in a constitutional issue. In order to develop and resolve these problems the doctrine of separation of powers and the Iowa Constitution must be understood. This article traces the legal and historical roots of the "separation" doctrine in order to add meaningful gloss to the raw words of the Iowa constitutional separation of powers provision and then, within this framework, the article examines the functions of the Budget and Financial Control Committee