Section 2

Citation: Section 2
Parent Document: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Jurisdiction: United States (federal)
Effective Date: 1974-09-25
Original Source: https://www.courtlistener.com/opinion/321083/commonwealth-of-pennsylvania-v-j... ↗

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. The House Rules Committee recently analyzed the problems involved in judicial resolution of “impoundment questions.” Im-poundment Control and 1974 Expenditure Ceiling, II.Rep.No.93-336, 93d Cong., 1st Sess. 5 (1973). It feared the potential for error when a court “examine [s] the intent of Congress, perhaps imperfectly expressed, when it enacted an appropriation or obliga-tional authority in some previous year. Any court must face considerable difficulty in deciding what Congress means in 1973 when it has to construe a measure enacted in 1970.” As a result, the Committee feared that the court’s own policy judgments “about relative spending priorities in the context of current needs and economic conditions” might color its decision. In this case, the unusual extent to which Congress has clarified its intent, as detailed below, and the Committee’s own efforts in alerting the courts to this problem, give reason to hope that we have not fallen prey to this particular frailty. 35

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