President Trump’s decision to cancel $810 million in congressionally approved funding is another instance of executive overreach, undermining Congress’s control over financial decisions. Trump has consistently attempted to seize powers from Congress, sparking concern over his disregard for constitutional limits.
The Government Accountability Office has opposed the funding cancellation, and there are signs that Congress, frustrated by these actions, is considering changes to future spending legislation. However, greater efforts are needed for Congress to reassert its authority, especially regarding financial control and war powers.
Historically, Congress was designed to be the core of the U.S. government, with control over spending of taxpayer money. Despite a longstanding push and pull between the presidency and Congress over funding, Trump’s aggressive tactics seem aimed at breaking these remaining boundaries. Similar issues occurred in the 1970s, when President Nixon refused to execute parts of the budget sanctioned by Congress, prompting the creation of the Impoundment Control Act. This Act strengthened Congress’s role in authorizing expenditures, mandating presidential compliance in most circumstances.
Nonetheless, presidents have exploited ambiguities in the law to suspend funds. In Trump’s second term, his administration has extensively used these strategies, affecting budgets for independent agencies and delaying significant funding for foreign aid and other areas. Courts have sometimes intervened to ensure compliance with funding allocations, but Congress must introduce proactive measures to maintain constitutional checks on presidential power.
One approach could be revising the Impoundment Control Act, eliminating areas that presidents have misused to withhold or delay funds. Enhancing congressional oversight can also ensure funds are properly utilized. Trump’s allocation of private donations for questionable projects like the White House ballroom highlights the need for stricter regulations on the use of private funds for government projects, which traditionally bypass the normal appropriation channels.
Congress also needs to reclaim its role regarding war powers. The Constitution designates Congress as the authority for making laws and setting national policies, including military organization and war declarations. In response to the Vietnam War, Congress passed the War Powers Resolution, enforcing its control over military actions. This law requires the president to consult Congress before engaging in hostilities unless there is a war declaration, authorization, or a national emergency due to an attack on the U.S. It also necessitates that the president inform Congress within 48 hours of commencing military operations, which must cease within 60 days absent congressional approval.
Despite Congress’s use of this resolution, it has not consistently restrained unauthorized military actions. Many presidents, including Trump, have conducted military operations beyond their legal authority. While Congress has tried to limit Trump’s actions, such as the Iran War, these measures have often been delayed and insufficient. Experts suggest bolstering this resolution by reducing the 60-day period, defining crucial terms like “hostilities,” and incorporating judicial review to allow courts to correct law misinterpretations.
When Congress passed the Impoundment Control Act and War Powers Resolution over 50 years ago, it sought to counteract executive overreach. As former Congresswoman Elizabeth Holtzman noted, many laws emerged to combat Nixon’s constitutional overreach, with Congress asserting its power. Now, the current political landscape requires Congress to reinvigorate its constitutional authority, not only pertaining to canceled spending but also in broader aspects of governance, including military and financial powers.
Maya Kornberg, a senior research fellow at the Brennan Center for Justice at NYU Law, argues that Congress must reclaim its status as the legislative body that represents the American people’s interests.