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All Jurisprudence based

0 tracked cards Political and Public International Law

During the current fiscal year, Congress passes a General Appropriations Act that includes a line item for a "Disaster Risk Reduction Fund" under the Department of Public Works and Highways. After enactment, the President issues an executive directive through the Budget and Management Office to realign 40 million of that line-item from DPWH to the Department of National Defense for a "Civil-Military Infrastructure Upgrade" program, without any accompanying statutory authorization or congressional approval. (a) Identify the controlling doctrine governing the President's power over appropriation measures. (b) Is the President's unilateral realignment permissible? Explain. (c) If Congress subsequently enacts a law either authorizing or prohibiting such transfers, what is the effect on the President's action and on the remainder of the appropriation act?

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If Congress passes a law authorizing such transfers, the action becomes valid as of the date of the transfer; if prohibition, it becomes void; the rest of the act remains in force. The controlling doctrine is the power of the purse; unilateral realignment is not permissible; If Congress later enacts a law authorizing or prohibiting such transfers, that law governs; the remainder of the appropriation act remains in effect. The controlling doctrine is the Constitution’s appropriation clause; The President’s action cannot amend the Act; A new law would be necessary to alter the appropriation; The remainder of the Act remains unaffected. The controlling doctrine is the line-item veto; the President may strike out or transfer a line item at signing; cross-line transfers are permissible if fiscal prudence is claimed.

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