Can Trump Overrule Congress’ Spending Acts? What To Know About President’s Impoundment Power

The top line

President Donald Trump signed an executive order blocking funding that Congress has already authorized — including Biden’s signature plans on infrastructure and climate change — that Trump and his allies say he can do. , though critics point to federal law that prohibits it.

President Donald Trump signs executive orders in the Oval Office of the White House in Washington. … [+] DC, on January 20.

AFP via Getty Images

Key facts

Trump has long suggested he wants to curb federal spending that Congress has authorized in the 2023 campaign — known as sequestration. Video He wants to use incarceration to “squeeze the bloated federal bureaucracy for massive savings.”

In one Executive order On Monday, Trump directed federal agencies to freeze the distribution of funds that were appropriated through the Biden-era Inflation Relief Act of 2022 and the Infrastructure Investment and Jobs Act until officials “determine Do not assume that such a distribution is consistent with the administration’s goals of increasing energy production.” – which will affect funding for infrastructure projects and climate change initiatives, among other recipients.

Trump’s Office of Management and Budget clarified The order was issued Wednesday after confusion and criticism over the blocking of the funds, which said it only applies to funding for projects specifically targeted by Trump to increase energy production. Addresses directives, such as climate change measures and funding for electric vehicle charging.

Imprisonment, the practice of presidents refusing to spend money appropriated by Congress, is long. HistorySeveral presidents since Thomas Jefferson have taken some action against federal spending.

After President Richard Nixon took the arrest to extremes and repealed it. Billions of dollars In spending, Congress approved Impoundment Control Actwhich says that presidents can exercise the sequestration power only by petitioning Congress for funds they do not wish to distribute. Lawmakers must then approve those requests within 45 days, or the funds will be released.

Trump and his allies, including incoming Office of Management and Budget Director Russell Vought, have argued that the Impoundment Control Act is unconstitutional and allows the president to rescind spending authorized by Congress, going against prevailing interpretations of federal law. has broad powers, which the President cannot. Unilaterally cancel Congressional funding.

Supporters of the Impoundment Control Act Discussion Presidents have always had limited authority to rescind federal spending, and the act merely clarified existing restrictions on the president’s powers — a view that the courts have supported — while Trump and his allies say Presidents have broad powers to withhold funds and the Impoundment Control Act. Illegally limited their constitutional powers.

Will Trump implement the Impoundment Control Act?

It is unclear. During his confirmation hearing before the Senate Budget Committee on Wednesday, Vote, who will be tasked with distributing federal funds if confirmed, denied that Trump had ordered his executive to block some federal funding. Violated the Impoundment Control Act with the order. Vote argued that Trump simply withheld funding while his administration assessed the situation. That being said, Vought—a key architect of the controversial Project 2025 policy blueprint—declined to say outright that the Trump administration would pursue the Impoundment Control Act, which he said He and Trump are both unconstitutional. Vote said Trump officials would review what could be done under the law, but when senators asked him if he would follow the law as it is now.

What government funding might Trump try to block?

Funding that Trump has already withheld has left infrastructure projects across the country in limbo. In limbo And affects a number of climate change measures implemented through the Biden-era Inflation Reduction Act. Vot was also unflinching during his confirmation hearing before the Senate Homeland Security Committee on whether he would provide congressionally approved aid to Ukraine, saying he did not want to advance Trump’s foreign policy plans. Trump could use sequestration to ultimately block funding from other major government issues, including money going to disaster relief, education, social welfare programs or public health, among many other recipients. deals with

Important quote

Mark Pauletta, an attorney appointed by Trump to serve as general counsel for the Office of Management and Budget, suggested After Trump’s election on social media in November, the time has come. [Trump]

How can the Supreme Court decide on the arrest?

The dispute over the Impoundment Control Act and whether Trump can act against funds approved by Congress could ultimately be decided by the Supreme Court. The Supreme Court had previously ruled against Nixon’s use of prison in 1975. Case In Train v. New York, Nixon disputed funding for water treatment, although the court noted in its decision that the Impoundment Control Act had been passed while the case was pending and the court’s ruling did not affect it. And neither was. affected by it. In an opinion years later in the case Clinton v. City of New York, Justice Antonin Scalia. wrote“President Nixon, the Mahatma Gandhi of all sequesters, asserted at a press conference in 1973 that his ‘constitutional right’ to seize appropriated funds was ‘absolutely clear.’ … Two years later Train v. New York Our decision in City proved that wrong. How can it come down to this matter? Although the court limited the executive branch’s power to make policies during the Biden administration, giving more power to Congress, the justices also expanded Trump’s personal presidential power in their ruling last year. Gained some immunity from criminal prosecution.

Chief critic

Democrats have sharply criticized Trump’s efforts to oppose the Impoundment Control Act, and criticized the vote during his confirmation hearings before two Senate committees because he refused to say the Trump administration had approved the law. Will follow. “I am shocked and appalled that a man in this responsible position would, in effect, say that the President is above the law, and that the Supreme Court of the United States is entitled to his opinion, but I must override it, “Sen. Richard Blumenthal, D-Conn., recounted the vote at a hearing last week. “I think our colleagues should be just as concerned, because I think this issue goes beyond Republicans or Democrats … it’s whether the law of the land should prevail or maybe it depends on what the president thinks.”

Do Republican senators want Trump to use naval power?

Any move by Trump to curb congressional appropriations powers and gut the Impoundment Control Act could also be criticized by Republican senators, though it remains to be seen how many of the GOP will support it. Lawmakers may push back against Trump. While Republicans in Congress have largely shown respect for Trump and his positions, taking a stand in favor of the president’s impeachment power could be politically damaging, as it undermines his own authority. would be weakened and that means a future Democratic president could cancel funding for GOP priorities. During a confirmation hearing on the vote before the Senate Homeland Security Committee, Sen. Rand Paul, R-Ky., suggested he would oppose a broader view of presidential embargo powers, saying he would follow the vote of Democratic senators. There are “sympathizers” criticized for refusing to do so. Impoundment Control Act. “I think if we make something fit for purpose, that’s where it should go,” Paul said, though he argued that right now lawmakers give the president too much “latitude.” And they kind of need to do a better job of writing the rules. This ensures that the president cannot exercise too much authority over funds. During a vote hearing before the Senate Budget Committee, Sen. Lindsey Graham, R-S.C., also suggested Wednesday that he might oppose Trump’s nominee’s position, saying he sees issues with the Impoundment Control Act. There are “concerns” about, but they will explain. These concerns later.

Will Elon Musk’s Dodge Implement the Impoundment Control Act?

As part of his broader goal to reduce government spending, Trump has established a “Department of Government Efficiency” (DOGE), which will be run by billionaire Elon Musk. In an op-ed in the Wall Street Journal, Musk and former DOGE co-chair Vivek Ramaswamy railed against the Impoundment Control Act. writing“Mr. Trump has previously suggested that the law is unconstitutional, and we believe the current Supreme Court will side with him on that question. It remains to be seen what actions DOGE will take on government spending and whether they will.” Any of the inmates would violate the law, however, as Musk and Ramaswamy — who left DOGE to run for governor of Ohio — noted that many of their projects would be targeted. Expenditures within the Executive Branch

Key background

Trump’s decision to use detention comes after the president tried to use force several times during his first term – most notably when he failed to pay aid to Ukraine, which led to his first Bar Impeachment. Trump was impeached for allegedly using congressionally approved aid to Ukraine as a bargaining chip when Ukraine tried to investigate President Joe Biden, then the former vice president, and his family. had gone Although Trump eventually released aid to Ukraine, the story was at the center of his first impeachment, and the Government Accountability Office later. The decision Trump’s office and administration and budget have violated the Impoundment Control Act by withholding aid to Ukraine. “Faithful implementation of the law does not allow the president to substitute his policy preferences for those enacted by Congress into law,” the office wrote.