President Trump recently canceled $810 million in spending that Congress had authorized. This decision is seen as another example of executive overreach, undermining Congress’s power over financial matters. Trump’s actions, from funding freezes to unauthorized military engagements, have repeatedly challenged Congress’s constitutional powers during his term.
The Government Accountability Office has opposed this recent action. Some members of Congress from both parties are considering changes to future spending legislation to prevent similar occurrences. Congress must act decisively to reestablish its authority. Lawmakers should draw lessons from history to regain control over financial and war powers.
The U.S. Constitution provides Congress with the power to decide on the expenditure of taxpayer funds. While tensions over funding have always existed, Trump is aggressively testing the limits. His behavior is reminiscent of President Nixon in the 1970s, who withheld billions of dollars in approved spending. Congress responded with the Impoundment Control Act, requiring presidents to spend funds authorized by Congress. However, presidents have exploited unclear provisions to halt funds.
In his second term, Trump’s administration intensified these tactics, withholding substantial funds for independent agencies, foreign aid, and more. Courts have sometimes intervened to ensure proper expenditure. To prevent misuse of power, Congress needs proactive measures, including revising the Impoundment Control Act to clarify ambiguities used by administrations to delay or deny spending. Enhanced oversight is crucial to ensure funds are properly utilized and allocated.
Congress must also set stronger limitations on when presidents can use private donations for projects, following Trump’s use of them for projects like the White House ballroom, bypassing standard processes.
Another critical area is Congress’s constitutional authority over war powers. The Constitution gives Congress exclusive power to make laws, set national policy, and declare war. After the Vietnam War, Congress passed the War Powers Resolution, affirming this authority. It allows the president to use military force only with a congressional declaration of war, authorization, or in response to an attack on the U.S. It also mandates notifying Congress of new hostilities within 48 hours and ending operations if unauthorized by Congress within 60 days.
The War Powers Resolution has been inadequate in checking unauthorized conflicts, despite Congress’s use to terminate Trump’s Iran War. Since Vietnam, presidents have overstepped war authority, while Congress has struggled to limit broad interpretations and the courts have largely avoided reviewing executive decisions. Trump unlawfully engaged militarily in Iran, Venezuela, Ecuador, and more, often ignoring and threatening oversight by Congress. Despite Congress taking steps to address the Iran War, challenges persist.
Proposals to strengthen the War Powers Resolution include reducing the 60-day window, clarifying terms like “hostilities,” and adding judicial review to correct law misinterpretations and prevent abuse. Half a century ago, Congress enacted the Impoundment Control Act and War Powers Resolution, responding to a president who exceeded his authority. As Rep. Elizabeth Holtzman noted, “There were a lot of bills that became law which were in response to Nixon’s arrogation of power. Congress had finally said ‘enough is enough.’”
Today, Congress faces a similar challenge with a president disregarding separation of powers. It’s crucial for Congress to reclaim its constitutional authority over spending and war powers. By doing so, it can better serve as the people’s branch of government that Americans deserve.
Maya Kornberg is a senior research fellow in the elections and government program at the Brennan Center for Justice at NYU Law. She authored “Stuck: How Money, Media, and Violence Prevent Change in Congress.”
Leave a Reply