Trump’s executive orders may violate Impoundment Control Act

Several of the executive orders recently issued by President Donald Trump directing agencies to “pause” funds appropriated by Congress may violate the Congressional Budget and Impoundment Control Act of 1974, according to a letter sent today to congressional leaders by Citizens for Responsibility and Ethics in Washington. Congress should take action to investigate whether President Trump’s directives have been implemented and, if so, whether they violate the ICA and the president’s constitutional duty to take care to faithfully execute the laws passed by Congress.

Specifically, within hours of his inauguration, President Trump ordered a “90-day pause” in foreign development assistance and instructed the attorney general and secretary of the Department of Homeland Security to ensure that “sanctuary” cities do not receive federal funds, among other things. In these blanket declarations, Trump directed agencies to withhold funds entirely outside the statutory scheme established by Congress, and he made it clear that these withholdings serve to align use of the funds with his policy preferences, an unauthorized reason for a delay under the ICA.

Allowing President Trump’s actions to remain unchallenged sets a dangerous precedent for future brazen power grabs. The idea that the president can stop spending for any congressionally approved program for any reason, for any amount of time, and without a single communication to Congress lacks merit and inverts the proper separation of powers between the legislative and executive branches. The Constitution does not give the president unilateral authority to withhold enacted funding, and our democracy hinges on our system of checks and balances. The public relies on the executive branch faithfully executing the law, and it is imperative that Congress exercise its oversight authority to investigate this executive overreach, demand transparency from the executive branch, and direct the release of any improperly withheld funds.

Header photo by Gage Skidmore under a Creative Commons license.