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Is Congress Sidestepping Its Duties Through Repeated "One-Time" Spending?
Freerepublic | 12/31/24 | Tarpit

Posted on 12/31/2024 5:12:18 PM PST by tarpit

Is Congress Sidestepping Its Duties Through Repeated "One-Time" Spending? A Look at the Nondelegation Doctrine.

We've seen a pattern lately: Congress allocates funds for "one-time" emergencies, like COVID relief, but then that spending keeps getting renewed, effectively becoming part of the baseline budget. While flexibility in emergencies is crucial, this practice raises a serious question: Could this be an end-run around the Nondelegation Doctrine?

The Nondelegation Doctrine, rooted in Article I of the Constitution, says that Congress can't simply hand over its legislative powers to the Executive Branch. By repeatedly extending spending that was initially justified as temporary, without robust debate and a clear legislative mandate for *permanent* programs, Congress might be effectively delegating its power of the purse.

Think of it this way: if an emergency spending bill gives an agency broad discretion to spend money on a new program, and that spending is repeatedly renewed without a thorough reevaluation of the program's merits or a specific legislative authorization for its continuation, is Congress truly exercising its legislative power, or is it letting the Executive Branch effectively create and fund programs on an ongoing basis?

While the Nondelegation Doctrine has rarely been used to strike down laws in recent times, some legal scholars argue it's ripe for a revival. Could this pattern of "one-time" spending renewals be the test case? At the very least, it's a practice that deserves more scrutiny and raises concerns about the balance of power between the branches of government. We need to ensure that emergency measures don't become a backdoor for permanent expansions of government power without proper Congressional oversight and a clear legislative mandate.

Important Caveats (and why this is a long shot):

* The Nondelegation Doctrine is largely dormant: Courts have been extremely reluctant to invalidate laws based on this doctrine since the 1930s. * High Bar for Success: A successful challenge would require a very specific set of facts and a compelling legal argument. It would have to overcome the strong presumption of constitutionality that courts afford to Congressional actions. * Political Question: Courts might deem this a "political question" best left to the political branches.

Disclaimer:* This post is for informational purposes and does not constitute legal advice. It raises a complex legal question and is intended to stimulate discussion.


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KEYWORDS: vanity
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1 posted on 12/31/2024 5:12:18 PM PST by tarpit
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To: tarpit

Continuing resolutions began by rolling the stimulus from the Fiscal Crisis into the following year’s spending. That elevated spending became the baseline going forward. Every crisis was an excuse to increase the baseline. From there, they went to infinity and beyond!

This is how the Federal debt increased $26 trillion in 16 years.


2 posted on 12/31/2024 5:19:51 PM PST by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: pgyanke; All

Please understand that the scam will keep going at full speed. Trump will fight to raise the “debt ceilimg” and outspend everyone ever, regardless of the toothless DOGE, with the barking support of everyone here and elsewhere.
They succeeded at appointing the MAGA clown and every ‘merican will defend him
I am firmly pro-life so I pray that Trumpy defends life but the rest is business as usual...


3 posted on 12/31/2024 5:27:08 PM PST by SavannahWonderer (First do no harm)
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To: tarpit

Yes, it been derelict in it’s duties for years. Unfortunately stupid voters send 95% of them back every 2 years


4 posted on 12/31/2024 5:28:20 PM PST by MNJohnnie (Don't blame me, my congressman is MTG!)
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To: tarpit

Yes. Obviously.


5 posted on 12/31/2024 5:29:02 PM PST by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: tarpit

and robbing the taxpayers


6 posted on 12/31/2024 5:42:18 PM PST by butlerweave
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To: SavannahWonderer

Opus?


7 posted on 12/31/2024 5:50:33 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Olog-hai

Remember his last term?

He tried fighting these pork bills once or twice, and eventually gave up.

I doubt there will be any change in spending.


8 posted on 12/31/2024 5:52:50 PM PST by SPDSHDW (Execute Order 66....)
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To: SPDSHDW

You seem to be misremembering the last term.

There also seems to be a plague of post-election concern trolling.


9 posted on 12/31/2024 5:57:52 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: tarpit

Have sidebar mod change the title to “duh.” Congress is NOT our friend.

Happy New Year.


10 posted on 12/31/2024 6:09:29 PM PST by AAABEST (That time Washington DC became a corrupted, existential threat to us all...)
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To: AAABEST

😂


11 posted on 12/31/2024 6:14:01 PM PST by tarpit
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To: SPDSHDW

What if he said no, I do not need nor authorize the request to have the 1.68 trillion Covid relief to continue to be part of the budget?


12 posted on 12/31/2024 6:19:22 PM PST by tarpit
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To: tarpit

They haven’t passed a real budget since Obama


13 posted on 12/31/2024 6:46:11 PM PST by Mr. K (no consequence of repealing obamacare is worse than obamacare itself.)
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To: Olog-hai

I’m not misremembering anything.


14 posted on 12/31/2024 6:50:09 PM PST by SPDSHDW (Execute Order 66....)
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To: Mr. K

Exactly. So the 1.6+ trillion that was added as a onetime thing for Covid is still being reallocated each year on a CR using baseline budgeting.


15 posted on 12/31/2024 7:01:39 PM PST by tarpit
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To: tarpit

aint bin no real budget since i don kno win!

so, yup, it is!


16 posted on 12/31/2024 7:32:02 PM PST by Terry L Smith
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To: SPDSHDW

Of course you aren’t. There has been no difference in the state of the USA from when Obama took office until now. Trump will be no different from Biden, of course . . . right?


17 posted on 12/31/2024 7:35:21 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: tarpit

The $900 billion Obama infrastructure money is still in there too. That’s the Executive branch “fun money” slush fund.


18 posted on 12/31/2024 8:30:13 PM PST by VTenigma (Conspiracy theory is the new "spoiler alert")
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To: tarpit

The CR is just a criminal exercise in the theft of the taxpayer’s money...

Every CR ever done has ballooned the National debt via the sneaky pork additions added to every CR...

Both parties line their pockets and those of their cronies via the CR...

It needs to be abolish by law or declared unconstitutional...


19 posted on 12/31/2024 8:49:37 PM PST by SuperLuminal
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To: tarpit

“is largely dormant”
NO KIDDING! Author forgot to bring up congress failures to do their job and pass clear laws without passing their legislative duties to alphabet “Agencies” to “Issue implementing regulations”.
Either pass the full law in detail, or DO NOT PASS ANY NEW LAW!
Frankly, all I want to see are laws being repealed, in full.


20 posted on 12/31/2024 9:14:31 PM PST by Ex gun maker. (Free thinking is now a radical concept, I will not be assimilated by PC or EV group-think!)
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