US President Donald Trump has unilaterally ordered that US military personnel receive paychecks despite the ongoing government shutdown, sparking warnings from experts that this move sets a "dangerous precedent" and undermines Congress's constitutional authority.
The decision, made last week, involves repurposing $8 billion in defense department funds meant for research and development to pay troops. However, critics argue that this action is almost certainly illegal under federal law, as there was no congressional authorization for the move. Phil Wallach, a senior fellow at the American Enterprise Institute, described the decision as "going pretty far out on a legal limb" and warned that it sets a worrying precedent for future executive actions.
The issue highlights Trump's long-standing attempt to shift power away from Congress and into the executive branch, particularly when it comes to spending. The President has used various methods to halt government spending on areas he opposes, including a pocket rescission of foreign aid funds. However, experts disagree over the significance of this latest move, with some arguing that it is a significant escalation of Trump's efforts to undermine Congress.
Christopher Mirasola, a law professor at the University of Houston, noted that career government officials who carried out the order could theoretically be prosecuted for violating the Antideficiency Act. However, he also expressed doubts about whether future administrations would pursue such prosecutions, given the risks faced by those involved.
Kogan warned that Trump's move sets a worrying precedent for Congress's appropriations process, which is crucial for allocating resources and prioritizing spending in the government. If the President can simply ignore anything and everything, it could lead to a situation where he can drain accounts and use funds on whatever he wants.
The decision has also been seen as a potential catalyst for the federal government shutdown, which entered its third month earlier this year after Democrats and Republicans failed to agree on legislation to extend funding. The standoff highlights the ongoing struggle between Trump's executive authority and Congress's constitutional role in setting spending priorities.
In essence, Trump's move to pay troops despite the government shutdown has significant implications for US governance and the balance of power between the President and Congress. As one expert noted, "If my theory that appropriations are the most important limit on these domestic military deployments, if that's true, then moves like this to edge Congress out of the appropriations process [are] really a strike at one of the most significant amendments on the president's authority to use the military in the United States."
The decision, made last week, involves repurposing $8 billion in defense department funds meant for research and development to pay troops. However, critics argue that this action is almost certainly illegal under federal law, as there was no congressional authorization for the move. Phil Wallach, a senior fellow at the American Enterprise Institute, described the decision as "going pretty far out on a legal limb" and warned that it sets a worrying precedent for future executive actions.
The issue highlights Trump's long-standing attempt to shift power away from Congress and into the executive branch, particularly when it comes to spending. The President has used various methods to halt government spending on areas he opposes, including a pocket rescission of foreign aid funds. However, experts disagree over the significance of this latest move, with some arguing that it is a significant escalation of Trump's efforts to undermine Congress.
Christopher Mirasola, a law professor at the University of Houston, noted that career government officials who carried out the order could theoretically be prosecuted for violating the Antideficiency Act. However, he also expressed doubts about whether future administrations would pursue such prosecutions, given the risks faced by those involved.
Kogan warned that Trump's move sets a worrying precedent for Congress's appropriations process, which is crucial for allocating resources and prioritizing spending in the government. If the President can simply ignore anything and everything, it could lead to a situation where he can drain accounts and use funds on whatever he wants.
The decision has also been seen as a potential catalyst for the federal government shutdown, which entered its third month earlier this year after Democrats and Republicans failed to agree on legislation to extend funding. The standoff highlights the ongoing struggle between Trump's executive authority and Congress's constitutional role in setting spending priorities.
In essence, Trump's move to pay troops despite the government shutdown has significant implications for US governance and the balance of power between the President and Congress. As one expert noted, "If my theory that appropriations are the most important limit on these domestic military deployments, if that's true, then moves like this to edge Congress out of the appropriations process [are] really a strike at one of the most significant amendments on the president's authority to use the military in the United States."
. And now he's basically saying, "I'll just take the money I want and who cares if its technically against the law?" it's like, where does that end? Do we let the President just make decisions without any oversight? 
it's not just about the money, its about who has control and who doesn't 
he's literally just making stuff up as he goes along. payin troops with $$ from other projects is a huge no-no, it's like he thinks he can do whatever he wants and not have to answer for it. i mean, if he's gonna take funds meant for research and development, isn't that basically stealing from the people who need it? shouldn't he be worried about what experts are sayin'? this whole thing is a huge power play and its only gonna make things worse in the long run 
. Anyway, I guess it just goes to show that even with a government shutdown, Trump still knows how to find ways to fund his own interests 
. And if anyone gets prosecuted for this, I'm sure it'll be some low-level bureaucrat who's more concerned about their 401k than their freedom 
.
Trump is taking it to the next level with this move 
. Like, what happens if the next prez tries to do something similar? Shouldn't Congress be able to say no too? 
what if other presidents start just taking funds whenever they want? 
that would be super scary and undermine congress totally 
. Some say it's just executive power playing, while others worry it could lead to the prez having way too much control over spending 
. Others think it's a slippery slope, where Trump could basically do whatever he wants with funds and Congress is powerless 
. What do you guys think? Should presidents have more control over spending or should they work with Congress to make decisions? 
. what's next? him declaring war on his own enemies? 
. I think it highlights how out of balance our system is right now. The executive branch feels like it's getting more and more power all the time, and it's hard to know what's fair or reasonable anymore 
.
. It might feel good to take control in the short term, but it's going to lead to problems down the line 
. We need our system of checks and balances to work, not be undermined by one person's desire for power 
It seems like he's trying to be super powerful and make decisions without anyone else's input, which I don't think is a good idea at all 
. Its like he's saying "oh, you can't tell me how to do my job, Congress", which just sounds super uncool 
.
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. Who needs Congress when you've got $8 billion and an army of lawyers?" 
. As a retiree, I like to think I've learned something from my years, and one of those things is that power can be a slippery slope. I just hope our system can correct itself before it's too late 
He's basically saying "I'm above Congress, and I can just make rules as I see fit" 
what's goin on here? 
but prob won't 'cause too scared 
what's next? him just takin over the whole shebang?