Donald Trump has just sent Republicans in Congress a budget proposal that cuts nearly everything, and if they don’t like it, he says he’ll withhold cash that they approve, setting up a constitutional crisis.
The budget proposal, released Friday, would slash nearly every federal program by $163 billion, except for defense spending, which would remain flat. Many Republicans are already unhappy with it, but the White House may not heed their concerns. One official in the Office of Management and Budget told Politico that the administration wouldn’t rule out impoundment, or overriding Congress’s decision by withholding funding they have already approved.
“We’re working with Congress to see what they will pass, and I believe that they have an interest in passing cuts,” said the official.
Such a move would violate the Impoundment Control Act of 1974, which Trump and his allies have called unconstitutional. The law prevents the president from withholding money allocated by Congress or using it for different purposes. Trump attempting to impound funds in this way would be a direct challenge to the Constitution’s separation of powers, and could result in a legal fight that ends up in front of the Supreme Court.
Trump hinted at bringing back “presidential impoundment authority” while campaigning for president, making his attempt to seize appropriated funds a real possibility despite the Constitution clearly stating that the authority over government spending lies with Congress. The head of OMB, Project 2025 author Russell Vought, also called the Impoundment Act unconstitutional in his confirmation hearing.
So, will the president try to impound funds, and will Republicans stand up for their own constitutional authority if he does? The GOP has not shown much, if any resolve, in standing up to Trump, and Democrats have little they can do as the minority in the House and Senate. It seems that if Trump tries to seize funds, the courts may be the only check on his power.
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