Also known as: fiscal policy · prosecutor fiscal
Written by attorneys · grounded in primary & secondary sources — see below
A descriptor for matters involving public revenue, expenditures, and financial management by government or corporations. The term identifies interests or periods tied to budgeting and accounting cycles that affect procedural or structural legal obligations.
Felicia Fuentes received Social Security disability payments until the agency proposed termination based on updated medical reports. The agency provided written notice and an opportunity to respond in writing, weighing her private interest against the risk of error and the government's administrative and fiscal interests in avoiding pre-termination hearings. A later full hearing with possible retroactive benefits satisfied due process.
Flagship Logistics prepared annual financial statements each fiscal year. The corporation retained those statements and related audit reports for the last three fiscal years as required to permit shareholders to review the company's financial condition upon request.
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Congress chartered a national bank to handle federal revenue collection and currency issuance. The bank served as a fiscal instrument to execute enumerated powers without creating independent substantive authority.
Francois Fortier sued federal agents for an unconstitutional search. The court considered whether implying a damages remedy would interfere with federal fiscal policy or other special factors counseling hesitation.
Congress established a Presidential Election Campaign Fund and appropriated amounts each fiscal year from the general Treasury to match designated contributions, keeping the fund available without fiscal year limitation.
Congress included legislative veto provisions in multiple statutes involving fiscal matters such as tax surcharges and wilderness withdrawals, prompting ongoing disputes over the committee form of the veto.
The government's fiscal and administrative interests are weighed in the Mathews v. Eldridge balancing test against the private interest and risk of erroneous deprivation. Written notice and a post-termination hearing with retroactive benefits can satisfy due process when the fiscal burden of pre-termination hearings would be substantial.
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A corporation must maintain all annual financial statements for its last three fiscal years along with any related audit or other reports. It must also keep accounting records in a form that permits preparation of those statements.
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A corporation can serve as a convenient means for the federal government to execute enumerated powers such as collecting revenue or regulating commerce. The corporate form itself does not create new substantive authority but implements existing powers.
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…as a means to carry into execution the powers of the Government, no reason exists to exclude a bank if it is an appropriate fiscal instrument. The necessity of the Bank is a question for the legislature; the Court will not substitute judicial discretion for legislative judgment where acts are not prohibited by the…