12 Seton Hall Const. L.J. 1 (2001-2002)
The Constitutional Status of the President's Impoundment of National Security Funds

handle is hein.journals/shclj12 and id is 9 raw text is: IMPOUNDMENT OF NA TIONAL SECURITY FUNDS

THE CONSTITUTIONAL STATUS OF THE PRESIDENT'S
IMPOUNDMENT OF NATIONAL SECURITY FUNDS
Roy E. Brownell H*
Introduction
1.    The Distinction between National Security and Domestic Affairs
I1.   The History of Impoundment
A. The Role of Custom in Constitutional Law
B. The Framers and the Power of the Purse
C. The Early Practice of Expenditure
D. Impoundment: 1801-1974
E. The Contemporary Legal Framework for Impoundment
1. The Congressional Budget and Impoundment Control Act of
1974 (ICA)
2. Train v. New York
3. Lower court decisions
4. Frelinghuysen v. Key
F. Impoundment Following ICA and Train
G. Lessons of the History of Impoundment
Ill. Presidential Defiance of Conditions on Appropriations
A.   The Argument in Favor of Defiance
B.   The Case Law
1. The Legal Framework for Presidential Action:
Youngstown Sheet & Tube v. Sawyer
2. Judicial Treatment of Executive Defiance of Statutes
C.  Executive Precedents: Presidential Defiance or Narrow
Construction of Appropriation Bills
D. Legislative Precedents: Congressional Self-Restraint
E.   Academic Support for Presidential Defiance of Statutes
F.  Conclusion
IV. The Limits of Congressional Spending Power
V.   Arguments Against National Security Impoundment
A.   The President is Violating the Presentment Clause
1. The President is Exercising an Unconstitutional Line Item
Veto
2. The President is Exercising an Absolute Veto

2001

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