The house Law Anon on the 8 has brought us this information I thought you all would like to see. There are also plenty of links they supplied for you to poke around in. Funny thing with laws, they always seems to leave a loop hole somewhere.

Law Anon here with ANOTHER unseen and unreported battle in the war against the cabal the DS

TARIFFS AND FINES - is there a hidden or underlying purpose behind the POTUS push on tariffs? Consider that Congress has the power of the purse BUT then contrast the power of the executive to spend money already appropriated by Congress but NOT actually spent or allocated (ie Border Wall)

 This is yet another area of constitutional law where the exact limits are unclear. Congress is given full authority over the budget via the Appropriations Clause - however - it is widely acknowledge that Congress itself is constitutionally obligated to provide funding necessary for the President to undertake Executive powers specifically granted in Article II - in other words Congress cannot withhold the funds needed for POTUS to do his job.

ALSO consider that Congress also has power over intl trade AND tariffs BUT has effectively delegated all those powers by law to POTUS. So POTUS can and has imposed BILLIONS of dollars in tariffs that are now flowing into the US Treasury - of which he (POTUS) is the executive in charge. Now these billions are available yet not appropriated or alllocated by Congress. What is the legal status of thee funds? Good question - there is no clear answer and it appears POTUS can legally access and spend these monies subject to possible intervention bu Congress and/or the Courts. Where will it end up if POTUS makes a move on these funds for MAGA purposes? SCOTUS no doubt.

LOTSA SAUCE

Good (though left wing) analysis of Appropriations powers VS POTUS duties: https://constitutioncenter.org/interactive-constitution/interpretations/appropriations-clause-article-i-section-9-clause-7

Authority of Treasury (Executive) to spend unallocated funds is VERY complex and arcane - see e.g. https://fiscal.treasury.gov/files/ussgl/fsreports/tfintro.pdf

 

Unitary Executive/AG Barr: https://www.acslaw.org/acsblog/the-barr-memo-and-the-imperial-presidency/

Another AG Barr memo on POTUS power to over ride international law in fulfilling LEO (FBI) duties:

https://www.justsecurity.org/wp-content/uploads/2019/04/Authority-of-the-Federal-Bureau-of-Investigation-to-Override-Customary-International-Law-OLC-1989.pdf

POTUS authority over tariffs

https://fas.org/sgp/crs/misc/R44707.pdf

 

 

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