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Ocelot II

(123,980 posts)
1. True - but the CR itself could be challenged as unconstitutional,
Fri Mar 14, 2025, 09:49 AM
Mar 14

and I expect it will be, since it gives Trump broad power to allocate and spend federal money without Congressional approval. Article I, Section 8, Clause 1 says: "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States." The case law interpreting the spending clause deals with the extent of Congress' spending power, not the power of the executive to interfere with it. Let's see if there's a constitutional challenge - and yes, I'm well aware of the fact that this SCOTUS seems unduly sympathetic to the power of the executive, but this is a unique situation, and I can foresee lower federal courts issuing injunctions based on the spending clause in particular cases, which would at least throw sand in the gears.

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