European Stars And Stripes (Newspaper) - July 17, 1986, Darmstadt, Hesse                                Page 10 columns the stars and stripes thursday july 17,1986 Anthony Lewis whopping example of High court activism conservatives love to denounce judicial  so what did they do when the supreme court struck Down the Gramon Rudman budget Law they cheered. The Wall Street journal said Elul Vantly thai the court had told confess it could no waive the cons i  the Miramm Rudman decision was a whopping example of activism. Here was legislation of prime National importance. Like it or not and 1 do not the statute was Congress answer to a critical economic problem. As such it was entitled to a heavy pc sumption of constitutionality. Yet the court brushed it aside on the basis of what Justice Byron , dissenting rightly called a Tri  the flaw was that Gramm Rudman called on the comptroller general to per form some of the calculations in it scheme of automatic spending cuts. Thai was an executive function the court said. Bui the 1921 act creating the comp troller s office provides for his removal at Congress initiative the court said so he is a legislative creature. The i was fatal. The comptroller general is appointed for a 15-Ycnr term. He can be removed Only by a joint Resolution of Congress signed by the president or passed by a two thirds vote of both houses Over his veto. Rather than making the comptroller a legislative creature the act seems to be a rational Effort to remove the of fice from political pressures. The utterly theoretical character of he court s reasoning was even More striking. In 65 years no Congress has Ever tried to remove a comptroller general and there James Reston is no visible sign of such an Effort. If one were to occur it would be time enough then to consider any constitutional questions about the status of the office. The men who drafted the Constitution in Philadelphia saw concentration of Power As the greatest threat to american Freedom. They therefore divided the Powers of the new National government among legislative executive and judicial branches. Each would naturally tend to be jealous of the Al hrs James Madison said and hence would Check their encroachments of Power. Power is the Issue Power that May Compromise our Freedom if unchecked when seen in those terms can anyone regard the Roie of the comptroller general As a serious flaw to think so As Justice White said is to Lake a distressingly formalistic View of separation of  by contrast think about another cur rent test of executive and legislative Power. That is president Reagan s Deci Sion taken last fall to intervene in the angolan War on the Side of the soul african supported rebels. Intervention in a foreign civil War May have grave consequences for us As recent history teaches. In the political climate of South Africa it raises exceptional for eign policy dangers. For those reasons rep. Lee Hamilton d-lnd., has proposed legislation to bloc the angolan intervention unless and until Congress has debated and approved it. He is pressing it As pan of he pending intelligence authorization Bill. If the intentions of the trainers Are to be Given weigh their intentions and their fears then surely Congress lets make of a Rma Case Deal should play a part in deciding whether this country is to finance and become involved in a foreign War. The text of the Constitution puts responsibility on Congress for both War and funding of government operations. In the Cramm Rudman Deci Sion we have a separation of Powers Doc Trine that guards the president from Tri vial and theoretical incursion by Congress. Meanwhile the president de mands unchallengeable Power to involve the country in War. Republicans count on Reagan to hold Senate in their Campaign to retain control of he Senate in november the republicans Are relying not on president Reagan s policies hut mainly on his per Sonal popularity. Four years ago in the midterm congressional elections the country was in the midst of the worst eco nomic recession in almost half a Century and the re publican candidates were not counting on the president but running away from him. Now with a slim 53-47 majority in the Senate and with 34 scats at stake 12 now held by democrats and 21 by republicans the republicans Are turning to their two major advantages Money and Reagan there is very Little talk now about a conservative Reagan revolution that will establish the cop a the major party in the next decade. The news from the 14 so called Battleground Stales is thai the democrats Are ahead in enough of them to threaten the president with the loss of the top s Senate control in his last two years in office. Accordingly he is planning a Well financed tour of these 14 states Between labor Day and election Day and he has an appealing message. "don1 handcuff me in my last Days in the White House he says. With the Senate in Republican hands i la have at least a Chance to negotiate Compro Mises with the Democrat controlled House on both Domestic and foreign policy. Without the Senate Well have two years of bitter partisan  traditionally these Senate races Are usually decided by local issues and personalities. For example the farm states Are now in serious economic difficulty and this plus ideological differences in North Carolina and indifferent candidates in Florida Alabama and Idaho Are giving the gop some anxiety. But this year Reagan could make a big difference. Not since the Jiayi of Franklin Roosevell has a presi Dent been so popular with the voters in the Middle of a second term and Reagan s last Chance Appeal could be decisive. But there is no Consolation in the gop As it looks Forward to the presidential Campaign of 1988. Reagan there is a growing feeling in Washington that neither of the two major party front runners in the polls at the present time Bush and sen. Gary Hart of Colorado will be nominated and that Dole and gov. Mario Cuomo of new York will probably come Forward As formidable candidates in late 1987 and in 1988. Will not be Able to choose his party s presidential Nomi Nee who will have to run on the Reagan record and not on the Reagan personality. Reagan has demonstrated what can be done by an attractive personality who has. Mastered the arts of television and both panic Are now looking around for somebody who can copy Iris technique s not his policies. This is one reason Why perhaps with the president private support Bis Friend sen Paul Laxalt of Nevada is being put Forward As the new engaging challenger to vice president George Bioh rep. Jack Kemp of new York and the Republican Senate majority Leader. Bob Dole of Kansas. There is a growing feeling in Washington that Nei ther of the two major party front runners in the polls at the present Lime. Bush and sen. Gary Hart of Colo Rado will be nominated and that Dole and gov. Mario Cuomo of new York will probably come for Ward As formidable candidates in late 1987 and in1988. In Dole s Case much will depend on the outcome of the Senate elections this november. For if the republicans retain control of the Senate he will hive the prominent platform As majority Leader which he Bai used so effectively in the last couple of years. This will be one other argument he president will be making in behalf of the Republican senators namely that it would weaken his efforts for arms control at the Summit if his party loses control of the Senate in no vember the democrats of course think this is a weak argument considering Reagan s mystifying record on arms control Over the last six years but the people May just Side with the president As they have done on i Many other controversies since 1980, the opinions ii rum in 4 column and cd Pont on Tom to 4p-Rtmnt and a old town ind Era to no in Lobi Oam tend a Tun ing ii vows of tin Sun my strip or to uned sum Ami mum