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Journal Articles

2008

Courts

Separation of Powers

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Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward Jan 2008

Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward

Journal Articles

This Article considers the constitutionality and propriety of recent appropriations riders passed by the House of Representatives in response to controversial federal court rulings. The riders prohibit the use of any federal funds for the enforcement of court orders issued in specified cases. These enforcement-blocking provisions raise significant separation-of-powers concerns as between Congress and both coordinate branches of the federal government.

The Article begins by looking at the controversial First Amendment rulings that triggered the enforcement-blocking riders, and the Congressional debates over the proper way to respond to the rulings. The riders are not merely symbolic protests, but could have …