The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
This clause is a limitation upon the power of the executive department
and does not restrict Congress in appropriating moneys in the
Treasury.[1534] That body may recognize and pay a claim of an equitable,
moral or honorary nature. Where it directs a specific sum to be paid to
a certain person, neither the Secretary of the Treasury nor any court
has discretion to determine whether the person is entitled to receive
it.[1535] In making appropriations to pay claims arising out of the
Civil War, the Court held that it was lawful to provide that certain
persons, i.e., those who had aided the rebellion, should not be paid out
of the funds made available by the general appropriation, but that such
persons should seek relief from Congress.[1536] The Court has also
recognized that Congress has a wide discretion as to the extent to which
it shall prescribe details of expenditures for which it appropriates
funds and has approved the frequent practice of making general
appropriations of large amounts to be allotted and expended as directed
by designated government agencies. Citing as an example the act of June
17, 1902[1537] where all moneys received from the sale and disposal of
public lands in a large number of States and territories were set aside
as a special fund to be expended under the direction of the Secretary of
the Interior upon such projects as he determined to be practicable and
advisable for the reclamation of arid and semi-arid lands within those
States and territories, the Court declared: "The constitutionality of
this delegation of authority has never been seriously questioned."[1538]
PAYMENT OF CLAIMS
No officer of the Federal Government is authorized to pay a debt due
from the United States, whether reduced to judgment or not, without an
appropriation for that purpose.[1539] After the Civil War, a number of
controversies arose out of attempts by Congress to restrict the payment
of the claims of persons who had aided the Rebellion, but had thereafter
received a pardon from the President. The Supreme Court held that
Congress could not prescribe the evidentiary effect of a pardon in a
proceeding in the Court of Claims for property confiscated during the
Civil War,[1540] but that where the confiscated property had been sold
and the proceeds paid into the Treasury, a pardon did not of its own
force authorize the restoration of such proceeds.[1541] It was within
the competence of Congress to declare that the amounts due to persons
thus pardoned should not be paid out of the Treasury and that no general
appropriation should extend to their claims.[1542]
Clause 8. No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign State.
Public-domain text, read in full here on John Shaqi.
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