Legal Question in Constitutional Law in California

How can laws requiring specific federal government action be enforced, e.g., the requirement to pass a budget every year?

Asked on 2/13/13, 7:22 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

Many of them can't really be enforced at all, others are enforced by the fact that the people who carry them out will follow them even if the people the law directs to do or not do something fail to comply. So, for example, the executive branch will simply not cut checks if spending is not authorized by Congress as required by law. That is why the debt ceiling keeps coming up as an issue. The government does actually have bank accounts and if they are empty, the bank will not honor the checks, and no one will buy Treasury Bills to fund those accounts if the debt isn't authorized. So in the end the Treasury Dept. just doesn't even try to issue T-Bills without authorization.

Read more
2/13/13, 10:46 am
Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

If Congress fails to pass a budget, political pressure is the only means to make it do so. The President cannot control Congress due to separation of powers. Neither can the courts.

On occasion, some members of Congress have asked the courts to resolve questions about what Congress must do. The courts usually decline to get involved.

Even in situations where the courts would act, such lawsuits would normally have to be brought by government officials. Individual citizens generally would not have standing to bring such a lawsuit.

Read more
2/13/13, 11:07 am

Related Questions & Answers

More Constitutional Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88167 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now