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Re: Pepper sprayed for public safety.
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Originally Posted by Adder
Is it clear? Congress gets to micromanage the functioning of the executive branch without limitation?
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A few brief moments with Bing yields someone named Rachel Casey saying this:
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South Dakota v. Dole, 483 U.S. 203 (1987) provided four restrictions on conditional spending by Congress: it must “promote the general welfare”; it must give clear notice of the funding conditions; the funding conditions must relate to the federal spending program imposing the restrictions; and it must not fall afoul of other independent Constitutional bars. These requirements are fairly lenient. According to Dole, Congress doesn’t have to be right in its reasoning, just rational. In Kansas v. United States 24 F.Supp.2d 1192 (D.Kan. 1998), the court ruled that the states’ choice “receiving federal funds and complying with certain statutory mandates, or not receiving such funds” is not coercive. Taken together, these cases give very broad discretion to Congress in regards to the restrictions it can impose through conditional spending.
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I think the general answer to your question is: yes. It would be different if the President had an enumerated power to seize and try foreign terrorists in the manner of his choosing, but it's pretty clear that Congress gets to create the federal prison system and can limit the jurisdiction of federal courts.
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But with that aside, how do they stop it?
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They could go court to seek an injunction to force the President to stop misappropriating federal funds, I suppose.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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