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Saturday, February 18, 2023 9:04:18 AM
“The Appropriations Clause … does more than reinforce Congress’s power over fiscal matters,” the appellate panel wrote in October, “(I)t affirmatively obligates Congress to use that authority to maintain the boundaries between the branches and preserve individual liberty from the encroachments of executive power.”
The Executive Branch of the Government disagrees:
"Prelogar told the Supreme Court that the 5th Circuit interpretation is “an unprecedented and erroneous understanding.”
“Congress enacted a statute explicitly authorizing the CFPB to use a specified amount of funds from a specified source for specified purposes,” Prelogar wrote in a court filing. “The Appropriations Clause requires nothing more. The court of appeals’ novel and ill-defined limits on Congress’s spending authority contradict the Constitution’s text, historical practice, and this Court’s precedent.”
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