Monitoring democratic institutions through public records

Spending Money Congress Approved — Week of Feb 17, 2025

Can the President refuse to spend money that Congress already approved? This is called "impoundment" and it's usually illegal.

ConfirmedConcern

AI content assessment elevated

AI content assessment elevated with high P2 concern rate. Warrants close examination.

During the week of February 17, 2025, the White House issued a series of executive orders that collectively expand presidential control over how federal money gets spent and which agencies remain operational. Two orders stand out: one that gives the Office of Management and Budget new power to adjust funding for independent agencies like the FTC and SEC to "advance the President's policies," and another that directs OMB to reject funding requests for government entities the administration considers unnecessary.

This might matter because Congress—not the president—holds the constitutional "power of the purse." When Congress creates an agency and funds it, a law called the Impoundment Control Act generally prevents the president from simply refusing to spend that money. If the executive branch can redirect or withhold congressionally approved funds through budget management tools, it could undermine one of Congress's most fundamental powers: deciding where taxpayer money goes.

Members of Congress raised concerns on the Senate floor about related developments. Senator Ben Ray Lujan of New Mexico described "thousands of Federal workers" being fired without warning, including staff at the Bureau of Indian Education and the Department of Agriculture. Senator Richard Durbin raised concerns about the removal of senior FBI leadership before a new director was even confirmed. A separate executive order directed agencies to stop enforcing regulations the administration considers inconsistent with its policies.

There are reasonable alternative explanations. Presidents have real authority over how the executive branch operates, and OMB has always played a role in managing agency budgets. Reorganizing the government and setting regulatory priorities are normal presidential functions, and some of what's described may be aggressive but legal use of existing authority. Workforce reductions might also be aimed at increasing efficiency or redirecting resources to areas the administration considers higher priority. Additionally, the congressional speeches opposing these actions come from members of the opposing party and naturally frame events in the most critical light.

Limitations: This analysis is AI-generated and does not constitute a legal finding. Courts have not yet ruled on the legality of these executive orders, and their actual implementation may differ from their text. The full impact of the described workforce reductions has not been independently verified.