Russell Vought, now a key figure in the Department of Government Efficiency (DOGE), is openly challenging the constitutionality of the Impoundment Control Act of 1974. He claims the executive branch has the authority to withhold funds even after Congress has appropriated them, essentially saying the president, not Congress, controls the federal purse.
Vought has argued that if Congress doesn’t pass the budget the administration wants, the executive branch can simply refuse to spend the money, defying the foundational principle that only Congress can allocate federal funds. This directly contradicts the Constitution’s Article I mandate giving Congress the power of the purse.
This interpretation isn’t just a “legal theory” it’s being operationalized. Under Vought’s leadership and with support from DOGE, the Trump administration has threatened to withhold billions in appropriated funds unless Congress agrees to major cuts, including to federal research, climate programs, and social services.
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