Constitutional Crisis Looms as Trump's Budget Chief Defies Impoundment Control Act

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Constitutional Crisis Looms as Trump's Budget Chief Defies Impoundment Control Act
Government SpendingImpoundment Control ActRussell Vought
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A battle over government spending is brewing in Washington, pitting President Trump and his budget chief nominee, Russell Vought, against Senate Democrats who accuse the administration of a 'constitutional crisis.' The conflict centers around the Impoundment Control Act, a 1974 law that restricts the president's ability to unilaterally withhold funds allocated by Congress. Vought maintains the law is unconstitutional, a view disputed by legal experts and Democrats who warn of dangerous precedents.

A power struggle concerning government spending is heating up in Washington, D.C., igniting what some Senate Democrats call a ' constitutional crisis ' amid the Trump administration’s efforts to curb government waste. The conflict stems from President Donald Trump 's pick to lead the Office of Management and Budget (OMB), Russell Vought , and was exacerbated when the Trump administration announced it would freeze federal grants and loans on Jan. 27 in an OMB memo.

Both Trump and Vought share a common point of contention: the Impoundment Control Act. The 1974 law, which Trump and Vought both argue is unconstitutional, reasserts Congress' power of the purse and bars the executive branch from unilaterally side-stepping Congress and withholding appropriated funds. However, many legal experts warn that the matter is not up for debate, and the courts are clear; it is unconstitutional for the executive branch to divert dollars Congress has authorized. The Senate voted to confirm Vought on Thursday by a 53–47 margin along party lines, following a 30-hour delay from Democrats in protest against his nomination. Republicans claim that Vought is qualified to lead the department because he previously served in that role during Trump’s first term. Sen. Majority Leader John Thune, R-S.D., said Wednesday that Vought would 'be able to hit the ground running.' However, Democrats remained staunchly opposed to Vought's nomination and claimed his views on impoundment disqualified him from the role, with Sen. Richard Blumenthal, D-Conn., arguing on Wednesday that Trump and Vought believe 'they may be above the law.' However, what is the Impoundment Control Act? Here is a look at what's up for debate regarding government spending — and what changes could emerge during the Trump administration. What is the Impoundment Control Act? Article I of the U.S. Constitution grants Congress the authority to manage the federal budget to determine funding decisions to balance power between the branches of government. However, the act of impoundment occurs when the executive branch chooses to not spend these approved dollars from Congress, since the executive branch and the Office of Budget and Management do oversee the actual spending of the approved funds. Should a president want to spend less than what Congress has budgeted, the executive branch must secure approval from Congress. Deferring funds also requires the executive branch to inform Congress. As a result, Congress passed the 1974 Impoundment Control Act to establish these proper channels of congressional oversight if a president chooses to withhold or defer these funds. 'ULTRA-RIGHT’: TRUMP BUDGET CHIEF PICK RUSSELL VOUGHT FACES FIRE FROM DEM SENATORS Vought’s opponents voiced concern that his leadership would lead to more cases like the freeze of federal grants and loans disclosed in an OMB memo on Jan. 27, a move that Democrats say was illegal and violated the Impoundment Control Act. 'As much as Trump desires it, the president is not a king,' Senate Budget Committee ranking member Jeff Merkley, D-Ore., told reporters on Jan. 28. 'As much as Trump desires it, a law is not a suggestion.' 'These are not questions of opinion,' Merkley said. 'These are principles at the heart of our constitutional system. It's at the heart of our checks and balances, and thus we have a constitutional crisis.' ‘This is Congress’ job' Vought repeatedly defended his stance that the Impoundment Control Act was unconstitutional in multiple confirmation hearings and claimed that presidents historically could spend less than what Congress had earmarked prior to 1974. Proponents of executive impoundment frequently point to Thomas Jefferson’s administration in 1803, when Congress appropriated funding for 15 gunboats. However, Jefferson held off on purchasing the boats to not aggravate France amid delicate discussions between then-Secretary of State James Madison and Napoleon. The purchase of the boats eventually became unnecessary following the Louisiana Purchase. Additionally, Vought’s Center for Renewing America, a nonprofit Vought founded in 2021, has said impoundment allows the executive branch to exert fiscal discipline and that the president has the authority to determine if funds are used in the most efficient manner. Vought did not respond to a request for comment from Fox News Digital. However, according to multiple legal experts, the Constitution and the courts are clear that spending appropriations fall under the parameters of the legislative branch. Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told Fox News Digital, 'The president has the constitutional obligation to take care that the laws be faithfully executed, and that includes spending. 'So I don't know where Mr. Vought gets the view that somehow the president has the right to decide what the government is going to spend money on,' he said. 'This is Congress’ job

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