Aziz Huq Writes About Constitutionality of Trump Funding Freeze
Opinion | All Presidents Test the Limits of Their Authority. Trump Is Doing Something Far More Radical.
Every president tests the limits of their authority. Yet no opening presidential bid for power compares to President Donald Trump’s out-of-the-blue freeze of federal funds across the government.
Much about the initial memo from Matthew Vaeth, the acting director of the White House’s Office of Management and Budget, which has since been rescinded, was unclear — including the scope or duration of the “temporary” pause on “all federal financial assistance programs and supporting activities.” Most importantly, the memo identified no source of constitutional or legislative authority for the president to pause any, let alone all, domestic grant programs.
But it is animated, at least implicitly, by a striking claim: Not only can the president freeze all funding amid a review, but he must also then be permitted to permanently eliminate items from appropriations statutes at a whim. It’s a move that threatens not only a radical curtailment of Congress’ authority but imperils the separation of American civil society from the partisan tides of the White House.
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