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Trump administration is preparing to challenge
budget law, U.S. officials say

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Posted By: sunset, 6/26/2025 1:52:40 AM

The Trump administration is preparing to test a 1974 budget law by refusing to spend congressionally mandated funds, senior federal officials say — an escalation that could change the balance of power between Congress and the White House. In both internal communications and interviews, more than two dozen current and former employees across multiple agencies said the administration appears to be readying to push the boundaries of the law meant to prevent the president from unilaterally overturning spending decisions made by Congress. Key White House aides have long argued that the law is an unconstitutional limit on presidential power and suggested that they will seek court rulings to overturn it

Comments:

The 1974 impoundment control act purports to divest the President of his constitutional impoundment authority. The control act clearly conflicts with Article 2 of the Constitution which vests the entirety of the executive power in the President. PDJT is right on this.

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Reply 1 - Posted by: sunset 6/26/2025 2:23:14 AM (No. 1969505)
Mark Paoletta and Daniel Shapiro wrote an excellent rundown of the President's constitutional power of impoundment https://americarenewing.com/the-presidents-constitutional-power-of-impoundment/
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Reply 2 - Posted by: stablemoney 6/26/2025 3:19:31 AM (No. 1969507)
The 1974 law has caused 50 years of end of year spending for things not needed to spend out the budget at the end of the year. It has cost taxpayers trillions of dollars.
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Reply 3 - Posted by: Strike3 6/26/2025 4:32:39 AM (No. 1969508)
Prevent Congress from spending money. How could that not be a good thing?
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Reply 4 - Posted by: Geoman 6/26/2025 11:37:05 AM (No. 1969683)
Even if you ignore Article 1, which places taxing and spending authority on Congress, Article 2, Section 3 imposes on the Executive the duty to faithfully execute the laws of Congress and not disregard them. Also known as the Take Care clause, - or alternately, the Faithful Execution clause "he shall take care that the laws be faithfully executed." There is no "Pick and Choose" clause in the Constitution's Article II. The president's claim to the power/authority to unilaterally lay and collect tariffs is based largely on depression era Acts of Congress, signed into law by past presidents that are just as shaky, if not more so, as the authority to tax and spend is unambiguously an Article 1 authority. The Tariff and Impoundment controversies and competing legal theories could be definitively resolved through the proscribed Constitutional amendment process. There may even be as majority of American citizen voters who would willingly cede authority to president Trump that is in plain language violation of the Constitution; however, would that same willingness be there if Harris or Newsome were the Chief Executive? I became most politically aware in the late '70s and early '80s but I never remember a time when I felt compelled to put support for Reagan above the Constitution.
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