Legal Opinion

Applicability of the Antideficiency Act to a Violation of a Condition or Internal Cap Within an Appropriation

Department of Justice Office of Legal Counsel

Decided January 19, 2001Published

1Opinion of the Court

Applicability of the Antideficiency Act to a Violation of a Condition or Internal Cap Within an Appropriation Any expenditure of funds in violation of a condition or internal cap in an appropriations act would generally constitute a violation of the Antideficiency Act. January 19, 2001 MEMORANDUM OPINION FOR THE ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION The Constitution provides that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” U.S. Const. art. I, § 9, cl. 7. The Antideficiency Act, codified at

31 U.S.C. §§ 1341-1342, 1349-1351, 1511-…

2Cases cited26 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. United States v. LanierSupreme Court of the United States · 1997
  5. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983

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