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Commentary: Congress should use its power against Trump

Elizabeth Shackelford, Chicago Tribune on

Published in Op Eds

On Jan. 27, the White House Office of Management and Budget (OMB) issued a memo ordering all federal agencies to “temporarily pause” provision of all federal financial assistance to assess compliance with the wave of executive orders issued in President Donald Trump’s first weeks in office.

The vaguely worded order unleashed mayhem, as hundreds of nonprofit and private organizations that receive or rely on federal funding wondered just what it meant. Hours before the freeze took effect, a judge offered a temporary reprieve. OMB then rescinded the memo, but the White House asserted that, memo or no memo, its plans to dictate spending remained in “full force and effect.”

By the end of the day, confusion reigned, but one thing remained clear: Trump still intends to use all federal funding as only he sees fit.

In government speak, this constitutes an impoundment: a move by the president to not spend money appropriated by Congress. It’s a classic case of executive overreach. In plain language, it’s an attempt by the president to override spending laws that Congress has passed and, in doing so, bypass a core means of checking executive power. The power of the purse is a congressional function for a reason.

Trump’s team has continued its legal violations apace since then. Over the weekend, Elon Musk shuttered the U.S. Agency for International Development (USAID) via tweet, and unleashed a half-dozen young tech bros in the agency’s building to break into its classified systems and access wide swaths of information. Musk’s minions were also granted access to the entire Treasury Department payment system and have proceeded to block payments to select federal contractors.

USAID is a federal agency created by law and funded annually by Congress. The Treasury’s payments system is designed to cover expenses funded by Congress.

Each of these acts is an aggressive affront to congressional power over spending, explicitly granted by the Constitution. Without it, the Trump administration has no reason to respond to congressional oversight.

Sure, Congress could potentially exert influence to check the executive branch during the upcoming budget process. But Trump has suggested that he plans to replace income taxes with tariffs. Tariff revenue is collected by Customs and Border Protection (CBP), and what’s to stop Trump from having those funds, all or part, retained by the executive branch to be distributed as he so chooses? That’s not where it’s supposed to go, but Trump has made clear that he does not intend to abide by norms and laws and usual practices. He must be made to do so.

Unless Congress takes its power back, the costs to our country and citizens as a result will be incalculable. This freeze in federal funding is a frightening preview of the way that Trump and his enablers want to reshape America.

This affects payment and provision of health care, housing, child care, education, veterans’ assistance and eldercare services, to name a few. These are tax dollars, paid by Americans and appropriated by Congress to serve Americans, withheld from American communities for the pleasure of the president. This affects citizens and services in red states as well as blue. Senators and representatives must act, if not for their constituents, then for their own relevance and power.

 

Many of us around the country feel helpless, but our Constitution and laws empower our elected representatives to protect us from authoritarianism. We implore them to use it.

Senators must recognize the existential threat to the Constitution and American democracy that Trump’s power grab represents and respond with the requisite alarm. This demands the use of all leverage points and interactions with the Trump administration, other members, and the American public. Here are some things our elected representatives should do:

— Refuse to advance Trump administration nominees until Trump acknowledges Congress’ fiscal authority. Beyond the power of the purse, the nominations process is one of the few times the executive branch requires assent from the Senate for its planned initiatives. Senators should vote no on all nominations until this constitutional crisis is resolved. Every nominee advanced is a loss of potential leverage.

— Ask Trump administration nominees their opinion on congressional appropriations authority. The Trump administration has made clear it intends to overrule congressional spending decisions and only resume spending for programs the executive (and Elon Musk) support. Senators should ask all nominees their opinion on how Trump’s executive orders should be implemented and whether they agree that Congress has the authority to direct federal spending through law.

— Get loud. This power grab upends the Constitution and separation of powers that have protected Americans for over two centuries. It directly harms families, businesses and organizations that rely on federally funded programs and undermines our engagement in the world. Our elected representatives should recognize this and communicate clearly how they are making good on their constitutional oath to defend our democracy and interests.

____

Elizabeth Shackelford is senior policy director at Dartmouth College’s Dickey Center for International Understanding and writes a regular column for Tribune Opinion.

___


©2025 Chicago Tribune. Visit at chicagotribune.com. Distributed by Tribune Content Agency, LLC.

 

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