Legal Opinion · Dissent

Anderson v. Regan

New York Court of Appeals

Decided July 6, 1981Published

1Dissent

Chief Judge Cooke

(dissenting). Very plainly, the State Constitution does not require that all funds received by the State from the Federal Government be appropriated by the Legislature before they can be spent. The language of section 7 of article VII of the State Constitution is far from clear on its face. Its failure to define what constitutes, money in the State treasury creates an ambiguity that must be resolved through extrinsic factors. The background of the provision, its interpretation by the Legislature and the limitations placed on legislative action in this sphere by the Federal…

2Cases cited21 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. NixonSupreme Court of the United States · 1974
  3. King v. SmithSupreme Court of the United States · 1968
  4. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  5. Helvering v. DavisSupreme Court of the United States · 1937

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