Democracy Monitor

Monitoring democratic institutions through public records

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Spending Money Congress Approved

fiscal

The Impoundment Control Act of 1974 prohibits the executive from unilaterally withholding congressionally appropriated funds. Circumventing this — through rescission, deferral, or spending freezes — undermines Congress's constitutional power of the purse, a foundational check on executive authority.

If a president can ignore spending laws, every program exists at one person’s pleasure — including the ones you depend on. Why this matters →

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Week of Mar 3, 2025

Sustained departure from norms

AI content assessment elevated

Document review shows a sustained, high rate of clear-departure documents. Warrants close examination of the underlying record.

The week of March 3, 2025, produced multiple documents indicating executive branch actions that bypass or conflict with congressionally authorized spending and oversight mechanisms. Three documents were assessed as clearly concerning, with a fourth potentially concerning—collectively reflecting a pattern of executive unilateralism that intersects with Congress's appropriations authority.

This pattern may matter because the convergence of executive actions targeting congressionally appropriated functions—inspector general oversight, agency contracting, and appropriations transparency—could affect Congress's constitutional power of the purse, the foundational mechanism through which the legislature controls federal spending and holds the executive accountable for how public funds are used.

The most structurally significant document is Executive Order 14230—Addressing Risks From Perkins Coie LLP, which directs federal agencies to "expeditiously cease" providing government services to a named private law firm and to terminate contracts with entities doing business with that firm. The order's instruction to reallocate contracted funds "to the extent permitted by law" may effectively direct agencies to reprogram appropriated funds based on executive priorities rather than congressional authorization. This raises impoundment-adjacent concerns: while not a classic withholding of appropriated funds, the directive to terminate existing contracts and redirect resources could constitute executive interference with how congressionally approved money is spent. One plausible explanation is that the executive has legitimate authority to manage contractor relationships for national security or ethical compliance reasons, and the "to the extent permitted by law" qualifier signals intent to stay within legal bounds. Another possibility is that the order is part of a broader effort to enforce compliance with federal contracting regulations, which would place it within the executive's recognized procurement discretion. However, the order's explicit political framing—citing the firm's work for "failed Presidential candidate Hillary Clinton" and association with "activist donors including George Soros"—could suggest the action is politically motivated rather than purely administrative, which would weaken both the national security and regulatory compliance rationales. A secondary alternative explanation is that this represents aggressive but legal use of executive procurement discretion; however, directing termination of contracts across all agencies based on political activity rather than performance failures appears to exceed normal procurement authority.

STOPPING APPROPRIATION WORK documents a reported breakdown in the appropriations process: Rep. Torres describes House appropriators being denied access to information about DOGE's plans, budgets, and authority while simultaneously being asked to fund agencies subject to those plans. This creates an information asymmetry that could effectively prevent Congress from exercising meaningful spending oversight. The most likely alternative explanation is that DOGE operations are still being formalized, and information-sharing channels have not yet been established—a bureaucratic delay or miscommunication rather than intentional obstruction. A less plausible but possible explanation is that the information is being withheld for legitimate operational security reasons during a transition period. Against these alternatives, the speech specifically characterizes the withholding as "illegal," and the pattern of denying appropriators the information they need to write spending bills directly impairs the legislative function.

Unanimous Consent Request--S. Res. 108 catalogs a series of executive branch statements and actions challenging judicial authority and statutory requirements. Senator Durbin documents the firing of 18 inspectors general without the legally required 30-day congressional notification—a statutory spending oversight mechanism—alongside statements from senior officials questioning whether the executive is bound by court decisions. The alternative explanation that these are isolated rhetorical excesses by individual officials is weakened by the breadth of sources cited: the Vice President, a DOJ nominee testifying under oath, the Deputy FBI Director nominee, the House Speaker, and the President himself. A more charitable reading is that these officials are advancing a legitimate constitutional theory about the scope of Article II power; however, the IG firings represent a concrete statutory violation rather than a theoretical dispute.

The Remarks at a Document Signing Ceremony was assessed as potentially concerning for an injunction bond memorandum that directs DOJ to systematically seek financial penalties against parties challenging executive policies in court—a procedural tool being deployed in an explicitly punitive framing that could chill legal challenges to potentially unlawful executive spending decisions.

Limitations: This analysis relies in part on floor speeches from opposition members, which inherently reflect partisan framing, and on the text of an executive order whose implementation and legal challenges are still developing. The P2 concern rate of 66.7% is drawn from a small sample of six reviewed documents, limiting its statistical reliability. This marks the sixth consecutive week at this concern level, suggesting a sustained rather than episodic pattern of executive actions intersecting with congressional spending authority.

View weekly summary for Mar 3, 2025

Week Archive#52 weeks with narratives