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Legal Reasoning and the Separation of Powers: A State‐Level Analysis of Disputes Involving Federal Funds Appropriations *
Author(s) -
SMENTKOWSKI BRIAN
Publication year - 1994
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1994.tb00131.x
Subject(s) - legislature , prerogative , delegation , separation of powers , state (computer science) , law , political science , judicial review , law and economics , public administration , economics , politics , algorithm , computer science
This article investigates the influence of judicial decisions on state legislative oversight of federal funds. A systematic analysis of judicial decisions is undertaken in an effort to reveal (a) the extent to which such activity on the part of legislatures is permitted or denied by courts, and (b) the nature of legal reasoning that determines differential outcomes. The analysis reveals, among other things, that there are two divergent paths of law: one upholding the legislative prerogative to exercise the power of the purse, and the other upholding the executive function of governors to act as custodians and executors of federal funds and programs. The delegation of legislative powers to interim committees is likewise investigated.