Appropriations Clause
The Appropriations Clause, located in Article I, Section 9, Clause 7 of the U.S. Constitution, states that no money can be drawn from the Treasury except through specific appropriations made by law. It mandates regular publication of public money receipts and expenditures, granting Congress the "power of the purse" to control federal spending.
"No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time."
1. Legislative Control
This clause establishes that Congress, not the President, has the final say over the national budget. Even if the President is the Commander-in-Chief, they cannot buy a new fighter jet or fund a federal agency unless Congress "appropriates" the funds.
2. Transparency Requirement
The second half of the clause requires the government to publish how it spends money. This is why we have public budget reports and the Government Accountability Office (GAO) to track federal spending.
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Key details regarding the Appropriations Clause:
Purpose: It limits the executive branch's authority, ensuring federal agencies cannot spend money without congressional approval.
Constitutional Text: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time"
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Historical Context: With roots in the 1690s English parliamentary practice, it prevents the Executive from bypassing legislative control over public funds.
Judicial Interpretation: The Supreme Court has ruled that a valid appropriation must authorize expenditures from a specific source for designated purposes.
Exceptions: While strict, some historical interpretations suggest emergency situations, such as during the Civil War, might warrant spending in advance of formal appropriations.
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The clause acts as a foundational check on federal power, ensuring Congress, not the President or federal agencies, holds final authority over the allocation of public resources.