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In reply to the discussion: Trump Promises Executive Orders On Unemployment, Student Loans And Eviction Ban After Stimulus Talks [View all]BumRushDaShow
(168,465 posts)11. Why does the media validate the Exec. Branch having authority to expend funds not appropriated?
U.S. Constitution
Article I
/snip
Section 9.
/snip
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
/snip
https://www.law.cornell.edu/constitution/articlei
Article I
/snip
Section 9.
/snip
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
/snip
https://www.law.cornell.edu/constitution/articlei
And FFS Forbes - this bullshit that you wrote -
What we dont know
Its not clear what power the president has to order federal spending without explicit approval from Congress. When asked if he was concerned about the potential legality of the planned executive orders, Trump replied, no, not at all. You always get sued.
Its not clear what power the president has to order federal spending without explicit approval from Congress. When asked if he was concerned about the potential legality of the planned executive orders, Trump replied, no, not at all. You always get sued.
WTF Forbes? It IS fucking CLEAR.
Antideficiency Act
Overview
This act prohibits federal agencies from obligations or expending federal funds in advance or in excess of an appropriation, and from accepting voluntary services.
The Antideficiency Act prohibits federal employees from
making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).
Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be subject to fines, imprisonment, or both.
https://www.gao.gov/legal/appropriations-law-decisions/resources
This act prohibits federal agencies from obligations or expending federal funds in advance or in excess of an appropriation, and from accepting voluntary services.
The Antideficiency Act prohibits federal employees from
making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).
Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be subject to fines, imprisonment, or both.
https://www.gao.gov/legal/appropriations-law-decisions/resources
Now if the deadline for expending the funds runs out, CONGRESS has to extend it and if the money runs out before a deadline, CONGRESS has to authorize more funds. And unless some heretofore obscure provision was written in that stimulus bill allowing for the Executive to do extensions, then they CAN'T (which is why all the drama going on with Congress at the moment to extend it and for how long and for what amount).
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Trump Promises Executive Orders On Unemployment, Student Loans And Eviction Ban After Stimulus Talks [View all]
Polybius
Aug 2020
OP
Why does the media validate the Exec. Branch having authority to expend funds not appropriated?
BumRushDaShow
Aug 2020
#11
Is this before or after he unveils his health care plan. It is his fault that we don't have an
Demsrule86
Aug 2020
#13