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IN THE COMMON DEFENSE Part 3

Ngoài ra, Chủ tịch có thể đặt giữ quỹ nhất định được chi trừ khi chúng được sử dụng một cách cụ thể, hoặc báo cáo trong một cách đặc biệt. Những hoạt động này là một phần không thể tách rời của thực hành hiến pháp chính thức, nhưng họ không phải là pháp luật. | Constitutional Framework 69 that the chairman and ranking member on a committee must receive notification before an authority is used. Alternatively chairmen may place holds on certain funds being expended unless they are used in a particular manner or reported in a particular way. Such practices are an integral part of informal constitutional practice but they are not law. They cannot be. They are not found in statutory text and they are not derived from constitutional text. The president did not sign such text into law nor was such language passed over a presidential veto. Here we do have constitutional case law to apply Chadha holding the one-house legislative veto unconstitutional which principle surely extends to the one-chairman legislative veto. Nonetheless many such informal practices are followed like law because the consequences of not doing so are severe. In international law lawyers distinguish between operational law and aspirational norms by distinguishing between prescripts that are enforced and sanctioned and those that are merely exhorted. In my example we have effective sanction an angry member of an appropriations committee who may block future money or seek changes to existing law but that does not make the informal practice law. In short lawyers should take care to distinguish between that which is law and that which is prudential but does not have the force of law. In this role the lawyer as counselor may then advise his policy client on the ramifications and risks of acting in a manner contrary to practice or expectation while at the same time accurately identifying those options that are lawful even if risky. 6. A Few Good Men and Women Paraphrasing Madison if men were angels we would not need laws. And so we are taught from an early age that we are a nation of laws and not of men. From law come stability predictability and the substantive and procedural processes that constitute democracy. It is not by chance that those who drafted the .