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]
Train v. City of New York, 420 U.S. 35 (1975) [Impoundment Found Unconstitutional]
Case Law Finder (Justia)
References
Constitutional Aspects of a National Budget System (787025)
The Origination Clause (Section 7, Clause 1)
U.S. Constitution, Section 7, Clause 1. The Origination Clause
United States v. Munoz-Flores, 495 U.S. 385 (1990)
Flint v. Stone Tracy Co., 220 U.S. 107 (1911)
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
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[BCR § 028]
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