Communiqué
Trump v. Congress: Who has the power of the purse?
< < Back to Audio PlayerThe Trump Administration is setting out on a constitutional collision course by impounding funds that Congress has already appropriated.
The question will be: Does the president have the power to halt, delay or not spend money that Congress has appropriated for specific projects or agencies?
Article 1 Sec. 9 Clause 7 gives Congress the power of the purse. Congress has the power to appropriate money. Presidents are to carry out the will of Congress regarding spending.
For clarification, Congress passed the Impoundment Control Act of 1974 which provides the president with a mechanics to withhold funding but not cancel it.
However, before delaying or withholding funds, the president must send a “Special Message” to Congress stating the reasons for the impoundment along with an estimate of the fiscal, economic, and budgetary effects.
The bill also says that the president may not withhold Social Security or Medicare funding.
The U.S. Supreme Court also unanimously found in the 1975 Train v. City of New York case that presidents cannot unilaterally withhold or block federal funding.
Yet, with all of this, President Donald Trump, Elon Musk and DOGE are cutting federal funding from a myriad of agencies and projects without Congressional approval or notification.
This is setting up battles in several federal courts.
Tune in to this episode of Next Witness…Please to hear further insights into the Impoundment Control Act and the cases interpreting Trump’s actions so far.