All the different Acts being invoked that become active create a perfect storm for the President to show his middle finger to porky Congress. I wonder also how this plays into different national emergencies being active, where we haven't even analyzed the fine print….
https://wps.prenhall.com/wps/media/objects/751/769950/Documents_Library/gramm.htm
Gramm-Rudman-Hollings Act
(Balanced Budget and Emergency Deficit Control Act)
Gramm-Rudman-Hollings 1985 and 1987
In July of 1986 in Bowsher v. Synar, (478 U.S. 714, 1986) the Supreme Court held that the provision of Gramm-Rudman-Hollings which vested certain powers in the General Accounting Office violated the separation of powers doctrine of the Constitution. This was due to the Office's (a both creature of Congress) role in implementing sequester orders. The Court found it unacceptable from a constitutional perspective for Congress to vest in a congressional entity a duty of the executive branch – the responsibility for executing a law. In 1987, Congress enacted the Balanced Budget and Emergency Deficit Control Reaffirmation Act which corrected the constitutional flaw in Gramm-Rudman-Hollings by assigning all the sequester responsibilities to the Office of Management and Budget (OMB). OMB is part of the executive branch. The 1987 Act also extended the system of deficit limits through fiscal year 1992.
The Budget Enforcement Act of 1990
Title XIII of this reconciliation act, the Budget Enforcement Act, constituted the enforcement provisions of the agreement. The 1990 Budget Enforcement Act (BEA) effectively replaced the Gramm-Rudman-Hollings system of deficit limits with two independent enforcement regimens: caps on discretionary spending and a pay-as-you-go requirement for direct spending and revenue legislation. The BEA also provided for enforcement by both the congressional and executive branch of the discretionary caps and the pay-as-you-go requirement. The spending disciplines of the BEA were extended in the 1993 Reconciliation legislation through the end of fiscal year 1998.
Pay as you go and sequestration under the BEA requires the OMB to also enforce a "pay-as-you-go" requirement which has a similar effect as the Senate's point of order: Congress is required to "pay for" any changes to programs which result in an increase in direct spending, or in this case risk a sequester. If OMB estimates that the sum of all direct spending and revenue legislation enacted since 1990 will result in a net increase in the deficit for the fiscal year, then the President is required to issue a sequester order reducing all non-exempt direct spending accounts by a uniform percentage in order to eliminate the net deficit increase. Most direct spending is either exempt from a sequester order or operates under special rules that minimize the reduction that can be made in direct spending. Social Security is exempt from a pay-as-you-go sequester and Medicare cannot be reduced by more than 4 percent