Takings in National Security Emergencies
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What about regulatory takings, i.e., when someone
cannot get paid or complete a business deal because of
changes in policy in dealing with a foreign country?
 Is this the same as if the government actually took the
property for direct use?
 Would Truman have had to pay for the costs related to
the steel seizure if the court had found that he had the
authority for the seizure?
Would the result be different for the seizure of property
which is then used by the government?
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LIMITATIONS ON CONGRESSIONAL WAR
POWERS
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Lovett v. US, 328 US 303 (1946)
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What did congress use a rider in the spending bill to do?
What due process does this deny them?
Why is this a bill of attainder?
What is the general principle?
 Can you use appropriations to accomplish things that
Congress does not have the power to do directly?
What about the federal ban on paying for abortions?
 How would such a ban be distinguished from this
case?
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INS v. Chadha 462 U.S. 919 (1983)
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What was the legislative veto?
What was the separation of powers issue?
Why does this prevent Congress from having
legally binding resolutions?
What is the only joint resolution that does have
legal effect?
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May Congress use Appropriations to
Control Foreign Policy?
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What is the problem in enforcing this?
What if congress just shuts down the state department?
Why do the use of omnibus bills make it difficult to fight
about specific appropriations riders?
If congress is prohibited from using appropriations to
mess with foreign policy, does it follow that the president
may divert money from other appropriations to
accomplish foreign policy purposes?
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Reallocation of Appropriations
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What are the constitutional questions posed by
the president reallocating appropriated money to
different uses?
How can this be stopped in specific cases?
What recourse does Congress have to punish the
president?
 Is this likely?
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Other Legislative Controls
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durational limits on authorizations (‘‘sunset’’ provisions),
joint resolutions of approval or disapproval (requiring
presentment, unlike concurrent resolutions), and
report-and-wait rules that require reporting to Congress
for some specified period before executive action
becomes legally effective.
What if the president ignores the joint resolution or the
reporting requirement?
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Line Item Veto
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What is a line item veto?
Why would congress give this to the president?
What is the constitutional problem with a line item veto?
Why did the founder's not think about a line item veto
 What did they anticipate about spending bills?
 What do does an OBRA spending bill look like?
Does Congress have a way to give the president
flexibility?
What problems would this cause with secret budgets for
the CIA and NSA?
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