Budget Counsel Reference Directory

Judicial Issues

Summary

Despite the attempts to bring the judiciary into budgetary decision making through a Balanced Budget Amendment to the Constitution, this form of Government policy has not seen a great deal of judicial intrusion. This comes with several notable exceptions, which are explored to some degree here. 


Court Cases

Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983) [Legislative Veto Issue]

Bowsher v. Synar, 478 U.S. 714 (1986) [BBEDCA Found Unconstitutional]

City of New Haven v. United States, 809 F. 2d 900 (D.C. Cir. 1987) [Legislative Veto Issue related to sec. 1013 (ICA)]

Train v. City of New York, 420 U.S. 35 (1975) [Impoundment Found Unconstitutional]


Case Law Finder (Justia)

Supreme Court Cases
Federal Cases
Case Law (General)

References

Constitutional Aspects of a National Budget System (787025)
Supreme Court’s Style Guide

The Origination Clause (Section 7, Clause 1)

U.S. Constitution, Section 7, Clause 1. The Origination Clause

CRS – Blue-Slipping: Enforcing the Origination Clause in the House of Representatives (RS212360) June 26, 2015

United States v. Munoz-Flores, 495 U.S. 385 (1990)

Flint v. Stone Tracy Co., 220 U.S. 107 (1911)

Texas Association of Concerned Taxpayers, Inc., Plaintiff-appellant, v. United States of America, Defendant-appellee, 772 F.2d 163 (5th Cir. 1985)

Armstrong v. United States, 759 F.2d 1378, 1381 (9th Cir. 1985)


Deficit Reduction Act of 2005

Constitutionality of the Deficit Reduction Act of 2005: Dismissal of OneSimpleLoan et al. v. U.S.Secretary of Education et al.

444 F. Supp.2d 1088 (E.D.Calif. July 18, 2006), No. Civ. S-99-0355-FCD-JFM, 2006 U.S. Dist. LEXIS 48753, 2006 WL 12034650, decided by Judge Frank C. Dambrell, Jr.

451 F. Supp. 2d 109 (D.D.C. August 11, 2006), No. 1:06-00523-JDB, 2006 U.S. Dist. LEXIS 44740, 2006 WL 2329329, decided by Judge John D. Bates, http://www.dcd.uscourts.gov/opinions/district-court-2006.html


Judicial Issues – U.S. Constitution

Previous:

§027. Joint Committee on Taxation

Next:

§029. Jurisdiction

[BCR § 028]