Political Law, 2019 Bar — Question B.17-B

QUESTION

In 2014, Congress enacted an appropriation law containing a provision that gives individual legislators the discretion to determine, postenactment, how much funds would go to a specific project or beneficiary which they themselves also determine. Consequently, disbursements were made in the interim pursuant thereto. Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory provision on the ground that it violates the separation of powers principle. On the other hand, certain Congressmen argued that there was nothing wrong with the provision because, after all, the power to appropriate belongs to Congress. (b) Assuming that the provision is declared unconstitutional, should the disbursements made pursuant thereto be returned, in light of the doctrine of operative fact? Explain. (2.5%)

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