Thursday, February 22, 2007

Law: judicial review of legislative spending

given the problem of earmarks and pork-spending, there are two solutions possible:

1. executive check.
2. judicial check.

the solution of an executive check - in the form of a line-item veto - has been tried and struck down as unconstitutional. i wonder now if there is a possibility of using a judicial check.

this might work in the same way as the non-delegation doctrine. delegation occurs when the legislature gives some law making power to an administrative agency. the court articulated a principle that the law had to have an "intelligible principle" governing it, or be ruled impermissibly vague.

we might try something like this with rider bills , which are spending items attached to unrelated items of legislation. the court might try to articulate a standard that any item that has no rational relationship to the stated purposes of the bill be struck down as impermissible.

no idea where the court might find this power... and huge separation of power constitutional issues.

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