Also known as:treasurer · treasuries · Treasury Department
Written by attorneys · grounded in primary & secondary sources — see below
A fund or repository in which public revenues are deposited and from which government expenditures are made. No money may be drawn from the treasury except pursuant to a lawful appropriation. A state may not justify denying benefits to new residents by claiming a need to protect its treasury from additional claims.
Sources & Authorities
How it applies
Common Examples
6
Welfare Residency Challenge
Tiffany Torres moves from State B to State A and applies for welfare benefits immediately upon arrival. State A denies her application under a one-year residency rule, citing the need to safeguard its treasury from new claimants. A court holds the denial unconstitutional because protecting the treasury is not a permissible basis for burdening the right to travel.
State Export Duty Dispute
Trinity Pharmaceuticals ships goods across state lines. State A imposes a fee on the exports and directs the net proceeds into its treasury. The company challenges the fee, arguing that the Constitution channels such revenues to the federal treasury absent congressional consent.
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Statutes
Uniform Acts
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Study Supplements
Dictionaries
Trevor Tate sues state officials for past violations of federal law and seeks back payments that would come directly from the state treasury. The court refuses the retroactive monetary relief while permitting prospective compliance orders that may require future treasury expenditures.
Appropriation Requirement
Tobias Thomas, a federal contractor, submits an invoice for services rendered. Payment is withheld because Congress has not passed an appropriation from the treasury. The contractor cannot compel disbursement without the required legislative authorization.
Campaign Treasurer Disqualification
Tracy Torres serves as campaign treasurer for a judicial candidate who later appears as counsel in a case. The opposing party moves to disqualify the judge, arguing that the close relationship with the treasurer creates an appearance of partiality requiring recusal.
Fee Award Against Union
Tanner Thompson and other members sue their union over voting rights. The court awards attorneys' fees to be paid from the union treasury, reasoning that the litigation protected rights shared by the entire membership and that the cost should fall on the organization.
Alyeska Pipeline Service Co. v. Wilderness Society421 U.S. 240 (1975)
Common questions
Frequently Asked
4
Can a state deny welfare to new residents to protect its treasury?+
No. The Supreme Court has held that a state's interest in protecting its treasury by discouraging migration of indigent persons is not a constitutionally permissible objective. Such residency requirements violate the right to travel and the Equal Protection Clause.
Does the Eleventh Amendment bar all monetary relief against states?+
No. Federal courts may order state officials to comply prospectively with federal law even if future treasury expenditures are required. Retroactive monetary relief for past violations, however, is prohibited when payment must come from the state treasury.
What limits exist on drawing funds from the federal treasury?+
No money may be drawn from the Treasury except in consequence of appropriations made by law. A regular statement and account of receipts and expenditures must be published periodically.
When does a campaign treasurer relationship require judicial disqualification?+
A judge is automatically disqualified when a campaign treasurer or similarly central campaign official appears as a party or counsel. Ordinary contributors or volunteers do not trigger automatic disqualification.
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…as prescribed by the Maryland act. It is further admitted that the bank and its branch had not paid $15,000 in advance to the Treasurer of the Western Shore of Maryland for the use of the State, before or since the issuance of those notes, and that the Treasurer, under direction of the Governor and Council, was ready and…