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The Supreme Court in Train v. City of New York (1975) [2] ruled that the impoundment power cannot be used to frustrate the will of Congress under such circumstances. The Impoundment Control Act of 1974 was passed as Congress felt that President Nixon was abusing his authority to impound the funding of programs he opposed.
In the absence of that law and subsequent court rulings, the president would have the power to spend less money than what Congress decides — or refuse to spend money on certain programs altogether.
The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry a punishment of imprisonment or other legal penalties.
Civil forfeitures are subject to the "excessive fines" clause of the U.S. Constitution's 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level. [5] A 2020 study found that the median cash forfeiture in 21 states which track such data was $1,300. [6]
In 1790, shortly after the Constitution had been ratified, Congress took action under the Full Faith and Credit Clause, enacting that "the records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every Court within the United States, as they have by law or usage in the Courts of the state ...
A debt limit is a cap set by Congress on how much money the U.S. government can borrow. Because the government spends more money than it collects in tax revenue, lawmakers need to periodically ...
(The Center Square) – Within one month of each other, two federal judges ruled that a law passed by Congress is “likely unconstitutional” and ruled in favor of small businesses. At issue is ...
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to do or refrain from specific acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".