Byron White

“ The Executive Branch does not have the dispensing power on its own, see Kendall v. United States ex rel. Stokes, 12 Pet. 524, 613, 9 L.Ed. 1181 (1838) , and should not be granted such a power by judicial authorization. ”

“ Second, although the Court states that " [a] ny exercise of a power granted by the Constitution to one of the other branches of Government is limited by a valid reservation of congressional control over funds in the Treasury," ante, at 425, the Court does not state that statutory restrictions on appropriations may never fall even if they violate a command of the Constitution such as the Just Compensation Clause, cf. ”