One of President Donald Trump's Day One executive orders that flew under the radar is provoking significant pushback from Congress — including from at least one House Republican.
The Atlantic reported Tuesday that Trump is now apparently violating Article I, Section 8 of the U.S. Constitution with an executive order pausing the disbursement of federal funds already appropriated by Congress. On January 20 — the same day Trump pardoned January 6 insurrectionists and attempted to repeal birthright citizenship — Trump issued an executive order entitled "Unleashing American Energy."
That order includes a section dubbed "Terminating the Green New Deal," which freezes hundreds of billions of dollars in funding for various infrastructure projects launched during former President Joe Biden's administration. However, that money was already approved via the passage of the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law, which members of Congress were counting on for jobs in their districts.
Rep. Don Bacon (R-NE), who represents a purple district in the Omaha area, told the Atlantic that Trump's executive order was "alarming," particularly for his constituents, who were counting on $73 million from the Bipartisan Infrastructure Law to upgrade Omaha's airport.
"You just can’t determine what laws you want to execute and what you don’t," Bacon said, adding that executive orders from presidents representing both parties have "gotten out of hand."
"“You can’t change the law,” he added. “I think Republicans should stay true to that notion.”
According to the Atlantic, Bacon called the White House after that executive order was signed, which later prompted the White House Office of Management and Budget (OMB) to issue a memo clarifying the scope of the "Green New Deal" section of the executive order in question. The Nebraska Republican said he was told the order mainly applied to the IRA provision pertaining to electric vehicle mandates, and was not a blanket cancellation of federal appropriations.
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But Rep. Rosa DeLauro (D-Conn.), who is the ranking member on the House Appropriations Committee, wasn't convinced, saying she believed "everything is at risk." She flatly called the executive order "illegal," and characterized the president's move to freeze federal funds as "stealing."
"It’s creating chaos,” she continued. “I honestly don’t think the people who are dealing with this know what they are doing.”
During his confirmation hearing last week, OMB Director-designate Russell Vought (who was a leading architect of the far-right authoritarian Project 2025 playbook) refused to say whether he would allow Trump to violate the Impoundment Control Act of 1974, which prevents presidents from denying the disbursement of federal funds already appropriated by Congress. He refused to say under oath whether Trump would abide by the law, telling the Senate Budget Committee: "For 200 years, presidents had the ability to spend less than an appropriation if they could do it for less."
Trump's executive order may not survive muster in the federal courts if the administration is sued over the impoundment issue. His executive order denying 14th Amendment protections to the children of undocumented immigrants was recently paused by U.S. District Judge John Cougheneur, who called it "blatantly unconstitutional."
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Click here to read the Atlantic's article in full (subscription required).