President Donald Trump's administration is now charging forward with a plan to make spending cuts without Congressional approval in direct defiance of a 50 year-old law — and some Republican lawmakers are publicly endorsing the idea.
Fox News reported Thursday that Trump's Office of Management and Budget (OMB) — led by Project 2025 architect Russell Vought — is gearing up for the legal battle that will likely ensue as the administration prepares to "impound" money already appropriated by Congress. The network's sources said Trump and Vought are already working behind the scenes to refuse the disbursement of money to various agencies once Congress eventually passes a government funding package.
However, under the Impoundment Control Act of 1974, which was passed during former President Richard Nixon's administration, presidents are prohibited from withholding money to federal agencies after Congress legislates spending levels. Additionally, Article I, Section 8 of the U.S. Constitution explicitly grants Congress the power of the purse, saying the legislative branch alone has the power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States."
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According to Fox News' sources, Republican leaders in Congress have had trouble whipping votes for the continuing resolution (CR), which funds agencies at levels comparable to the amounts appropriated during former President Joe Biden's tenure. But Republicans were less reticent to vote for the CR after top GOP leaders told representatives and senators that the funding levels were a "ceiling," rather than a floor — suggesting that Trump may make additional cuts further down the road without Congressional input.
"We appropriate, that’s an important principle. But then the chief executive can make decisions below that spending level," Rep. Chip Roy (R-Texas), a member of the far-right House Freedom Caucus, told Fox. "The chief executive can say, ‘Hey this isn't the best use of money.'"
"By the way, I realize this means that would be true for Joe Biden or that would be true for some future Democrat, and I'm OK with that. There's always going to be some debate," Roy continued. "There's going to be some contours the courts would give us. Congress might step in and clarify the law, and that might be deemed constitutional ... but to blanket to say the president can’t impound, I think is facially unconstitutional."
Rep. Ralph Norman (R-S.C.) also indicated he would be in favor of ceding Congress' power of the purse to the White House, arguing Trump had a "constitutional right" to do so.
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"The 1974 Impoundment Act was against Richard Nixon," Norman said. "It’s a different day now."
Click here to read Fox's full report.