Federal Judges' Budgetary Powers

in The Judicial Power of the Purse

Published by University of Chicago Press

Published in print May 2011 | ISBN: 9780226771120
Published online March 2013 | e-ISBN: 9780226771151 | DOI:
Federal Judges' Budgetary Powers

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This chapter discusses the judicial power of the purse from the perspective of each branch of government. It establishes the possible upper and lower bound of judicial fiscal power. The Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) were the two most significant bodies contributing to Congress' understanding of the judicial power of the purse. Their work provided a surprising level of detail about the nature and extent of judicial fiscal power. The CBO determined court-induced costs to the federal government to the fullest extent possible. The judicial branch's view of its own fiscal powers strongly showed that court decisions can and do have budgetary effects, and judges understand this facet of their Article III power. The available evidence revealed that every branch of government is keenly aware of judicial power and explicitly accounts for it in their respective decision-making processes.

Keywords: judicial fiscal power; Congressional Budget Office; Joint Committee on Taxation; Congress; federal government; judicial branch; court decisions; budgetary effects

Chapter.  12705 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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