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Federal officials could not waive any restriction or limitation imposed in an appropriations law.
House Republicans sued the Obama administration, saying that the spending — in the absence of an appropriations law — was unconstitutional.
Well, the societal effects of these types of events aren't easily covered in appropriations law in what you can cover.
Though usually deferring to opinions of the Comptroller General, especially on technical questions of appropriations law, Justice Department officials have insisted that such rulings were purely advisory.
The solar panel provision in the defense appropriations law comes as President Obama has ordered a broad investigation into whether Chinese export subsidies, local content requirements and other rules have violated W.T.O.
Judge Roberts reluctantly agreed with the government's legal position: that a wartime appropriations law allowed President Bush to void some laws concerning Iraq, including the one under which the plaintiffs had sought to collect their judgment.
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The lawmakers in this case complain of a lawmaking procedure that threatens the validity of many laws (for example, all appropriations laws) that Congress regularly and frequently enacts.
"We doubt that the direct consequences of the appropriations laws temporarily precluding ACORN from federal funds were so disproportionately severe or so inappropriate as to constitute punishment".
The solution under this option would be to interpret the appropriations laws as implicitly authorizing sufficient borrowing to allow the president to both carry out those laws and to repay U.S. debts on time, notwithstanding the debt limit statute.
Its premise is that Congress's failure to raise the debt ceiling would leave the president with two irreconcilable demands -- carry out Congress' spending instructions as contained in current appropriations laws, but do not borrow money sufficient to carry out those instructions and repay debts already incurred.
The New Jersey Constitution explicitly says, "The Legislature shall not, in any manner, create in any fiscal year a debt or debts, liability or liabilities … [that] exceed at any time one per centum of the total amount appropriated by the general appropriation law".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com