During the decade that Gov. Andrew Cuomo has been in office, he has used the budget process to expand executive branch authority and to muscle through highly controversial policy measures unrelated to appropriations. While the governor’s inclusion of such non-budgetary legislation in his annual budget bills has become the new normal in Albany, it is glaringly unconstitutional, and bold steps must now be taken to contain his abuse of executive power.

History of the Executive Budget

Until 1927, all budget legislation in New York, like other legislation, originated with the legislature. The governor’s only power over budget legislation was the veto, which the legislature could overturn by a two-thirds vote.