In the news recently given Trump's claims that he does not have to spend money that ha been allocated by Congress.
- What is impoundment? How Trump thinks he can control spending without Congress.
Does he?
- Wikipedia: Impoundment of appropriated funds.
Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. Thomas Jefferson was the first president to exercise the power of impoundment in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office, although one with limits. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to the abuse of power under President Nixon. The Act removed that power, and Train v. City of New York (whose facts predate the 1974 Act, but which was argued before the U.S. Supreme Court after its passage), closed potential loopholes in the 1974 Act. The president's ability to indefinitely reject congressionally approved spending was thus removed.
- Wikipedia: Train v. City of New York.
Train v. City of New York, 420 U.S. 35 (1975), was a statutory interpretation case in the Supreme Court of the United States.[1] Although one commentator characterizes the case's implications as meaning "[t]he president cannot frustrate the will of Congress by killing a program through impoundment,"[citation needed] the Court majority itself made no categorical constitutional pronouncement about impoundment power but focused on the statute's language and legislative history. The words "Constitution," "separation of powers," "separated powers" appear nowhere in the 8-justice majority opinion. The Court's opinion approaches the case as a question of statutory interpretation, albeit one with implications for the American system of checks and balances.
- Wikipedia: Congressional Budget and Impoundment Control Act of 1974.
- Congress.gov: Impounding Appropriated Funds.
- FAQs on Impoundment: Presidential Actions Are Constrained by Long-Standing Constitutional Restrictions.
