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Class Six-- Wednesday, January 10th, 2018
In today's class, we will continue our discussion of Presidential spending powers, starting first with the topic of line item vetos, which came before the Supreme Court in Clinton v. City of New York 524 U.S. 417 (1998). We will then review reprogramming, which is explored in some detail in Takeshi Fujitani & Jared Shirck, “Executive Spending Powers: The Capacity to Reprogram, Rescind, and Impound” (May 3, 2005), as well as the use of enforcement authority to generate resources, as explored in Ed Stein, "Enforcing Appropriations or Appropriating Enforcement? Financial Enforcement and Agency Spending Practices (May 2017) (Briefing Paper No. 64).
Team Assignment (Teams B2 & F2): Please be prepared to assess for the class whether the practices for reprogramming as well as enforcement authority comport with the constitutional standards articulated in the Clinton v. City of New York decision as well as other separation-of-powers cases we’ve encountered in this course.
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