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The Catholic University of America, Columbus School of Law

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The Constitutionality Of Appropriations Transfer Authority Under The Nondelegation Doctrine, Shelby Begany Telle Jan 2019

The Constitutionality Of Appropriations Transfer Authority Under The Nondelegation Doctrine, Shelby Begany Telle

Catholic University Law Review

Article I, Section 9 of the U.S. Constitution provides the Legislative Branch with the power of the purse by granting it the exclusive authority to designate how federal dollars may be spent via appropriations laws. Congress often includes transfer authority, which provides Executive Branch recipients of appropriations the ability to shift funds from one budget account to another. Allowing an agency to transfer funds from one non-specific appropriation to another is arguably an unconstitutional abdication of the Legislative Branch’s exclusive power over the purse strings.

Appropriations transfers are unconstitutional under the nondelegation doctrine. Certain attempts to alleviate these nondelegation concerns …


An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton Jan 2011

An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton

Catholic University Law Review

No abstract provided.