ississippi to cities on the east bank of the river
was sustained over the objection that it gave an unconstitutional
preference to ports in Texas.[1528] Although there were a few early
intimations that this clause was applicable to the States as well as to
Congress,[1529] the Supreme Court declared emphatically in 1886 that
State legislation was unaffected by it.[1530] After more than a century
the Court confirmed, over the objection that this clause was offended,
the power which the First Congress had exercised[1531] in sanctioning
the continued supervision and regulation of pilots by the States.[1532]
Alaska is not deemed to be a State within the meaning of this
clause.[1533]
Clause 7. No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law; and a regular Statement and Account of
the Receipts and Expenditures of all public Money shall be published
from time to time.
APPROPRIATIONS
This clause is a limitation upon the power of the executive department
and does not restrict Congress in appropriating moneys in the
Treasury.[1534] That body may recognize and pay a claim of an equitable,
moral or honorary nature. Where it directs a specific sum to be paid to
a certain person, neither the Secretary of the Treasury nor any court
has discretion to determine whether the person is entitled to receive
it.[1535] In making appropriations to pay claims arising out of the
Civil War, the Court held that it was lawful to provide that certain
persons, i.e., those who had aided the rebellion, should not be paid out
of the funds made available by the general appropriation, but that such
persons should seek relief from Congress.[1536] The Court has also
recognized that Congress has a wide discretion as to the extent to which
it shall prescribe details of expenditures for which it appropriates
funds and has approved the frequent practice of making general
appropriations of large amounts to be allotted and expended as directed
by designated government agencies. Citing as an example the act of June
17, 1902[1537] where all moneys received from the sale and disposal of
public lands in a large number of States and territories were set aside
as a special fund to be expended under the direction of the Secretary of
the Interior upon such projects as he determined to be practicable and
advisable for the reclamation of arid and semi-arid lands within those
States and territories, the Court declared: "Th
|