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White House Uses Shutdown as Cover for Unchecked Spending Power
The prolonged federal shutdown has turned into a perfect storm of executive overreach and legislative weakness. President Donald Trump and his budget chief Russell Vought are exploiting the shutdown to further consolidate control over federal spending, putting them at odds with Congress and likely violating the law in the process.
In most cases, Congress authorizes specific funding for government agencies, but there is no blanket permission for agencies to use funds from other accounts. According to Philip Joyce, a public policy professor at the University of Maryland, "Congress can authorize transfers, but has to have permitted it in law. It's not a blanket permission that the agency has." This general prohibition against shifting funds between accounts is intended to prevent executive branch overreach.
Despite this prohibition, Vought's Office of Management and Budget (OMB) has been searching for creative ways to keep Trump's priorities funded during the shutdown. For example, the White House recently transferred revenue from Trump's escalating tariffs to fund the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), a move that helped mitigate some of the public backlash against the administration's supposed indifference to vulnerable populations.
More concerning is Vought's recent statement, "Pay the troops, pay law enforcement, continue the RIFs, and wait," which authorized the use of research and development funds to pay members of the military. This decision disregarded a key provision in Pentagon funding bills that allows for defense secretary transfers between military accounts but with specific guidelines.
Trump's order to Defense Secretary Pete Hegseth to use available funds to pay and allowances for service members also raises questions about the Antideficiency Act, which prohibits drawing money from the Treasury without an appropriation. This law has been in place since 1870 and carries criminal penalties for violations.
While some experts argue that there may be loopholes or provisions that allow for creative spending, such as a 1935 law that allows the secretary of agriculture to use gross receipts from customs duties, parsing these nuances can be complex even for experts. The White House appears to be betting on avoiding lawsuits and court challenges, rather than defending its actions in Congress.
The Republican-led Congress has not been eager to protect its powers or challenge the executive branch's overreach. Speaker Mike Johnson stated that if Democrats want to go to court against the military pay scheme, they should bring it, while Senate Majority Leader John Thune lined up a vote on a standalone military pay bill more for political purposes than out of concern for fiscal discipline.
In conclusion, the White House's actions during the shutdown have raised significant concerns about executive overreach and the erosion of congressional authority. While some may see these moves as creative solutions to fund critical services, others view them as reckless disregard for the law and an attempt to consolidate power without accountability.
The prolonged federal shutdown has turned into a perfect storm of executive overreach and legislative weakness. President Donald Trump and his budget chief Russell Vought are exploiting the shutdown to further consolidate control over federal spending, putting them at odds with Congress and likely violating the law in the process.
In most cases, Congress authorizes specific funding for government agencies, but there is no blanket permission for agencies to use funds from other accounts. According to Philip Joyce, a public policy professor at the University of Maryland, "Congress can authorize transfers, but has to have permitted it in law. It's not a blanket permission that the agency has." This general prohibition against shifting funds between accounts is intended to prevent executive branch overreach.
Despite this prohibition, Vought's Office of Management and Budget (OMB) has been searching for creative ways to keep Trump's priorities funded during the shutdown. For example, the White House recently transferred revenue from Trump's escalating tariffs to fund the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), a move that helped mitigate some of the public backlash against the administration's supposed indifference to vulnerable populations.
More concerning is Vought's recent statement, "Pay the troops, pay law enforcement, continue the RIFs, and wait," which authorized the use of research and development funds to pay members of the military. This decision disregarded a key provision in Pentagon funding bills that allows for defense secretary transfers between military accounts but with specific guidelines.
Trump's order to Defense Secretary Pete Hegseth to use available funds to pay and allowances for service members also raises questions about the Antideficiency Act, which prohibits drawing money from the Treasury without an appropriation. This law has been in place since 1870 and carries criminal penalties for violations.
While some experts argue that there may be loopholes or provisions that allow for creative spending, such as a 1935 law that allows the secretary of agriculture to use gross receipts from customs duties, parsing these nuances can be complex even for experts. The White House appears to be betting on avoiding lawsuits and court challenges, rather than defending its actions in Congress.
The Republican-led Congress has not been eager to protect its powers or challenge the executive branch's overreach. Speaker Mike Johnson stated that if Democrats want to go to court against the military pay scheme, they should bring it, while Senate Majority Leader John Thune lined up a vote on a standalone military pay bill more for political purposes than out of concern for fiscal discipline.
In conclusion, the White House's actions during the shutdown have raised significant concerns about executive overreach and the erosion of congressional authority. While some may see these moves as creative solutions to fund critical services, others view them as reckless disregard for the law and an attempt to consolidate power without accountability.