Keith Mack
The Appropriations Clause establishes a rule of law to govern money contained in the Treasury, which is a term that describes a place where public revenue is deposited and payments are made to cover public expenses. The Clause has roots in the practice of English parliaments, dating back to at least the 1690s, and was adopted by US state constitutions after independence. The Clause states that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress. This means that the Supreme Court has held that federal courts and executive branch officials may not pay out money judgments against the United States unless there is an appropriation made by law. The Impoundment Control Act permits the President to impound appropriated funds in certain circumstances, such as when there is a conflict between congressional desires to spend and to see price stability.
| Characteristics | Values |
|---|---|
| What is an appropriation? | A law of Congress that provides an agency with budget authority. |
| Who can withhold the money? | Only Congress can withhold money from the Treasury. |
| What is the law that covers appropriations? | The Appropriations Clause establishes a rule of law to govern money contained in the Treasury. |
| What is the Misappropriation Act? | A law that requires appropriated funds be used only for the objects (purposes and programs) for which appropriations were made. |
| What is the Necessary and Proper Clause? | Congress has the power to specify the objects, amounts, and timing of federal spending. |
| What is the Bill of Attainder? | A limitation in an appropriations act that bars payment of compensation to federal employees. |
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What You'll Learn
The Appropriations Clause
The Clause has its roots in the practice of English parliaments, dating back to at least the 1690s, of legislating both the means of raising public revenue and its usage. It is not technically a grant of legislative power, as Congress already has the power to specify the objects, amounts, and timing of federal spending. However, the Clause places the "power of the purse" in Congress, allowing them to define the contours of federal power by specifying the activities on which public funds may be spent. This requirement of legislative appropriation before public funds are spent is a foundational aspect of the constitutional order.
An appropriation is more than a limitation on how much money may be spent. It must also specify the powers, activities, and purposes for which the funds may be used. This specification is sometimes included in an appropriations act itself ("rider") but is more usually found in non-appropriations legislation establishing federal agencies or continuing particular programs ("authorization" acts). Spending requires this additional kind of authorization, and Congress has codified this requirement, stating that "appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law".
The Court has held that Congress may not dictate that funds are available subject to a limitation that is itself unconstitutional, such as a Bill of Attainder. While Congress may recognize and pay a claim of an equitable, moral, or honorary nature, it cannot interfere with indispensable executive or judicial functions under the guise of exercising its "power of the purse". The President does not have line-item veto authority, but they can veto appropriations bills, and they also have the power to declare a national emergency, which allows agencies to move money between accounts.
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Congressional power
The Appropriations Clause, which is part of Article I, Section 9 of the US Constitution, establishes the "power of the purse" held by Congress. This clause specifies that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law", meaning that Congress has the power to control the spending of public funds.
Congress passes 12 annual appropriation acts each year, which provide budget authority to federal agencies to incur obligations and make payments from the US Treasury for specified purposes. These acts outline the objects, amounts, and timing of federal spending. The Supreme Court has affirmed that Congress may pursue broad policy objectives through these appropriations acts. For example, in 1984, Congress passed the National Minimum Drinking Age Act, which directed the Secretary of Transportation to withhold a percentage of federal highway funds from states that allowed people under 21 years old to buy alcohol.
However, the Court has also ruled that Congress may not attach unconstitutional limitations to the availability of funds. For instance, the Court has held that federal courts may not enter money judgments against the United States for which there is no appropriation. Additionally, while Congress may use appropriations limitations to control the President's execution of the law, it may not interfere with indispensable executive functions.
The President does have some power to withhold or delay spending on programs authorized by Congress, a practice known as impoundment. This power has been controversial and has led to conflicts between the executive and legislative branches, such as when President Richard Nixon refused to spend funds on numerous programs approved by Congress. In response, Congress passed the Congressional Budget and Impoundment Control Act of 1974, which requires the President to report to Congress when he impounds funds and allows Congress to override spending deferrals.
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Presidential power
The power of the purse lies with Congress, as outlined in the Appropriations Clause. This clause establishes a rule of law to govern money contained in the Treasury, which is a place where public revenue is deposited and payments are made to cover public expenses.
The Appropriations Clause requires that an appropriation is made by law before funds may leave the Treasury, and Congress is the branch empowered to authorize such disbursements. This means that Congress passes laws that provide agencies with budget authority, allowing them to incur obligations and make payments from the Treasury for specified purposes. These purposes are outlined in the appropriations acts, which specify the powers, activities, and purposes for which the funds may be used.
Congress has the power to specify the objects, amounts, and timing of federal spending. This includes annual appropriations, which are made for a specified fiscal year and are only available for obligation during that fiscal year. Funds expire after one year and are no longer available for new obligations.
While the President and Executive Branch officers and employees cannot pay the debts of the United States without an appropriation, they also cannot frustrate congressional mandates by refusing to spend directed funds. There is a constitutional process for resolving impasses, but it is political rather than judicial.
The Supreme Court has considered the Appropriations Clause in a few cases, concluding that conduct resulting in the disbursement of public funds without an appropriation is prohibited. The Court has also considered whether limitations placed on appropriations by Congress are constitutional. If a limitation is found to be unconstitutional, such as a Bill of Attainder, it cannot be enforced.
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Judicial power
The Appropriations Clause establishes a rule of law to govern money contained in the Treasury. The Clause has roots in the practice of English parliaments, dating back to at least the 1690s. The Supreme Court has explained that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress. This requirement of legislative appropriation before public funds are spent is at the foundation of the constitutional order.
Congress passes 12 annual appropriation acts, as well as supplemental appropriation acts, each year. These appropriation acts provide budget authority to obligate and expend funds from the US Treasury for specific purposes. The Constitution specifically references the use of appropriations, stating that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law". This means that Congress has the "Power of the Purse", and the executive branch cannot spend money without Congressional authorization.
The "purpose" or intended use of appropriated funds should be validated during the organization's funds certification process. This ensures that the Misappropriation Act is not violated. An appropriation is more than a limitation on how much money may be spent. It must also specify the powers, activities, and purposes for which the funds may be used. Spending requires another kind of authorization beyond the mere creation of an agency or authorization of an activity.
The Court has held that Congress may not dictate that funds are available subject to a limitation that is itself unconstitutional. For example, a Bill of Attainder or an ex post facto law. Congress may not, under the guise of exercising its "power of the purse", interfere with indispensable executive or judicial functions.
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Constitutional separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). This structure is commonly referred to as the separation of powers and was designed to prevent any one branch of the government from becoming too powerful, creating a system of checks and balances.
The legislative power of the Federal Government is vested in Congress, which has the power to lay and collect taxes, duties, imposts, and excises, and to pay the debts and provide for the common defence and general welfare of the United States. Congress also has the power to appropriate funds from the Treasury, which is governed by the Appropriations Clause. This clause establishes a rule of law that directs that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress.
The executive power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy and has the power to make treaties, appointments to office, and ensure that laws are faithfully executed. The President may not, however, usurp the lawmaking powers of Congress or interfere with indispensable executive functions.
The judicial power is vested in the Supreme Court and any lower courts created by Congress. The judiciary interprets the law and has the power to review and strike down laws that it finds unconstitutional. The judiciary also plays a role in resolving disputes between the other branches of government, such as in the case of Immigration and Naturalization Service v. Chadha (1983), where the Supreme Court upheld the separation of powers by requiring legislative action to be vested in Congress.
The separation of powers is a fundamental aspect of the US constitutional order, designed to preserve individual liberty and prevent arbitrary and oppressive government action. The system of checks and balances ensures that each branch of government has its own authority and is interdependent on the others for the government to function effectively.
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Frequently asked questions
The Appropriations Clause is a rule of law that governs money contained in the Treasury, which is a place where public revenue is deposited and kept, and from which payments are made to cover public expenses.
The Appropriations Clause states that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress.
The law covering appropriations is the Appropriations Clause, which is part of the U.S. Constitution.
The President can withhold appropriated funds in certain circumstances, such as when there is a need to harmonize conflicting goals of Congress or when there are concerns about money laundering or terrorist financing.
A lapse in appropriations, also known as a shutdown, occurs when there is a temporary suspension of government services due to a lack of available funds.
