Presidential impoundment Is dangerous and unconstitutional.
Imagine the president having the power to unilaterally cancel any expenditure that has already been enacted into law. A Democratic president could wake up one morning and decide to cancel all border patrol spending. Or to cut the defense budget by 20 percent. President Donald Trump could decide on a whim to eliminate Medicaid or veterans’ benefits. In an extreme case, Trump could announce before the 2026 midterm elections that he will cancel all Social Security and school lunch benefits for any congressional district that elects a Democrat. Or threaten to defund the Supreme Court if it rules against him.
Such a nightmare scenario would grant the president near-dictatorial powers over most government functions. Its evisceration of the separation of powers would be antithetical to the very foundations of the government crafted by James Madison, Alexander Hamilton, and other Founding Fathers. Americans would come to fear that every government program, and even the functional existence of Congress and the courts, depends on the daily will and wishes of the president.
This scenario is far less far-fetched than it sounds. These are the actual stakes in the Trump administration’s aggressive battle to legalize a practice known as “impoundment,” which occurs when a president refuses to implement federal expenditures that were authorized and appropriated by Congress and enacted into law. While no one disputes a president’s authority to veto spending bills passed by Congress (which can be overruled by a two-thirds congressional vote), nearly 235 years of constitutional interpretation, case law, and statute have made clear that—once a law is enacted—the executive branch is not permitted to refuse to execute that law. In matters of federal spending and the implementation of federal programs, impoundment would replace the rule of law with rule by one person.
Continue reading the entire piece at The Dispatch (paywall)
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Jessica Riedl (formerly Brian Riedl) is a senior fellow at the Manhattan Institute. Follow her on Twitter here.
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