Class Eight-- Wednesday, January 13, 2016 | Howell E. Jackson | August 19, 2015

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Class Eight-- Wednesday, January 13, 2016

Original Creator: Howell E. Jackson Current Version: Howell E. Jackson Show/Hide

In today's class, we will continue our discussion of Presidential spending powers, sIn today's class, we will continue our discussion of Presidential spending powers, starting first with the topic of line item vetos, which came before the Supreme Court in Clinton v. City of New York 524 U.S. 417 (1998). We will then review the topic of reprogramming, which was touched upon in Chapter Ten of Schick, The Federal Budget, and is explored in more detail in Takeshi Fujitani & Jared Shirck, “Executive Spending Powers: The Capacity to Reprogram, Rescind, and Impound” (May 3, 2005) (Briefing Paper No. 8).

Team Assignment (Teams BFJ): Please write a short (3-5 page) memorandum assessing whether the practices for reprogramming comport with the constitutional standards articulated in the Clinton v. City of New York decision as well as other separation-of-powers cases we’ve encountered in this course.

tarting first with the topic of line item vetos, which came before the Supreme Court in Clinton v. City of New York 524 U.S. 417 (1998). We will then review the topic of reprogramming, which was touched upon in Chapter Ten of Schick, The Federal Budget, and is explored in more detail in Takeshi Fujitani & Jared Shirck, “Executive Spending Powers: The Capacity to Reprogram, Rescind, and Impound” (May 3, 2005) (Briefing Paper No. 8).

For additional background on Executive spending powers, see two additional briefing papers included as reference for today's class. Focus especial on the first of these papers.

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  1. 3 Show/Hide More Briefing Papers for Reference for Jan. 13, 2016

    Stacy Anderson & Blake Roberts, “Capacity To Commit in the Absence of Legislation: Takings, Winstar, FTCA, & the Court of Claims”(May 2005) (Briefing Paper No. 12) (http://www.law.harvard.edu/faculty/hjackson/CapacitytoCommitt_12.pdf)

    Bob Allen & Sarah Miller, “The Constitutionality of Executive Spending Powers” (May 10, 2008) (Briefing Paper No. 38) (http://www.law.harvard.edu/faculty/hjackson/ConstitutionalityOfExecutive_38.pdf)

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January 09, 2016

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Howell E. Jackson

James S. Reid, Jr. Professor of Law

Harvard University

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