A federal statute sets up a program of dental education. The statute provides that the Secretary of Health and Human Services "shall, on a current basis, spend all of the money appropriated for this purpose" and "shall distribute the appropriated funds" by a specified formula to state health departments that agree to participate in the program. In the current year Congress has appropriated $100 million for expenditure on this program. In order to ensure a budget surplus in the current fiscal year, the President issues an executive order directing the various cabinet secretaries to cut expenditures in this year by 10 percent in all categories. He also orders certain programs to be cut more drastically because he believes that "they are not as important to the general welfare as other programs." The President identifies the dental education program as such a program and orders it to be cut by 50 percent. Assume that no other federal statutes are relevant. To satisfy constitutional requirements, how much money must the Secretary of Health and Human Services distribute for the dental education program this year?
$50 million, because the President could reasonably determine that this program is not as important to the general welfare as other programs.  $50 million, because as chief executive the President has the constitutional authority to control the actions of all of his subordinates by executive order.  $90 million, because any more drastic cut for the program would be a denial of equal protection to beneficiaries of this program as compared to beneficiaries of other programs.  $100 million, because the President may not unilaterally suspend the effect of a valid federal statute imposing a duty to spend appropriated monies
Question: A federal statute sets up a program of dental education. The statute provides that the Secretary of Health and Human Services "shall, on a current basis, spend all of the money appropriated for this purpose" and "shall distribute the appropriated funds" by a specified formula to state health departments that agree to participate in the program. In the current year Congress has appropriated $100 million for expenditure on this program. In order to ensure a budget surplus in the current fiscal year, the President issues an executive order directing the various cabinet secretaries to cut expenditures in this year by 10 percent in all categories. He also orders certain programs to be cut more drastically because he believes that "they are not as important to the general welfare as other programs." The President identifies the dental education program as such a program and orders it to be cut by 50 percent. Assume that no other federal statutes are relevant. To satisfy constitutional requirements, how much money must the Secretary of Health and Human Services distribute for the dental education program this year?
A. $50 million, because the President could reasonably determine that this program is not as important to the general welfare as other programs. 
B. $50 million, because as chief executive the President has the constitutional authority to control the actions of all of his subordinates by executive order. 
C. $90 million, because any more drastic cut for the program would be a denial of equal protection to beneficiaries of this program as compared to beneficiaries of other programs. 
D. $100 million, because the President may not unilaterally suspend the effect of a valid federal statute imposing a duty to spend appropriated monies
Answer: