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30. Is the President's decision constitutional?
Assume that no other statutes apply.
Congress enacted a statute that authorized the construction of a monument commemorating the role of the United States in liberating a particular foreign nation during World War II. Another statute appropriated $3 million for the construction. When the United States became involved in a bitter trade dispute with the foreign nation, the President announced that he was canceling the monument's construction and that he would not spend the appropriated funds. Although the actual reason for the President's decision was the trade dispute, the announcement stated that the reason was an unexpected rise in the federal deficit.
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A is incorrect. The constitutionality of the President's decision does not depend on whether he invoked a constitutional power to support the decision. While it is correct that the decision is unconstitutional, it is so because Article II of the Constitution obligates the President to take care that the laws are faithfully executed. Because the appropriations statute is a valid exercise of Congress's spending power, the President must abide by the requirements of the statute.
C is incorrect. The Constitution does not give the President power to control federal expenditures by refusing to authorize spending directed by Congress. The President's decision is unconstitutional, because Article II of the Constitution obligates the President to take care that the laws are faithfully executed. Because the appropriations statute is a valid exercise of Congress's spending power, the President must abide by the requirements of the statute.
D is incorrect. The President's foreign affairs powers do not justify his refusal to authorize spending directed by Congress. The President's decision is unconstitutional, because Article II of the Constitution obligates the President to take care that the laws are faithfully executed. Because the appropriations statute is a valid exercise of Congress's spending power, the President must abide by the requirements of the statute.