Document Type

Article

Publication Date

2023

Abstract

Appropriations, budget, and public debt law lurk in the recesses of public law. Every now and again, in a blaze of glory and spilled ink, they emerge under the guise of a constitutional issue. Should a constitutional question arise, usually separation of powers, amid a political stalemate, then an extended shutdown or debt ceiling drama steal the spotlight. After a last-minute compromise or, rarely, a judicial ruling, the green eyeshades return. Money, finance, public spending – whether mandatory or discretionary – exert little charm over lawyers, who went to law school to avoid arithmetic. But the federal government pays for it all, whether through taxes or borrowing. The little-known laws that regulate how it borrows, budgets, and spends, have seldom come before the courts to interpret, which leaves these laws in political and interpretive obscurity. For good or ill, that may soon change.

Disciplines

Administrative Law | Constitutional Law | Law

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