Donald Trump and his team are dusting off an old and controversial legal theory known as impoundment, aiming to use it as a wrecking ball to dismantle parts of the federal government. It’s a bold strategy that, unsurprisingly, could land Trump back in the spotlight of a Supreme Court showdown. The idea of impoundment—essentially giving the president the power to withhold funds appropriated by Congress—might sound like bureaucratic minutiae, but it’s a potential grenade in the hands of an administration eager to shrink what they see as the bloated “Deep State.”
Here’s the catch: Congress has long held the constitutional purse strings, and a little-known law from the Nixon era specifically forbids presidents from withholding funds Congress appropriates. The 1974 Congressional Budget and Impoundment Control Act has already caused headaches for Joe Biden, forcing him to restart border wall construction with funds initially allocated under Trump, despite his administration’s opposition to the project. Trump himself faced accusations of violating this law during his first term when he withheld aid to Ukraine, a decision that fueled his first impeachment.
Trump’s legal advisers argue that the 1974 law is unconstitutional, claiming it clashes with the president’s Article II duty to “faithfully execute” the law. They further insist that past presidents, from Thomas Jefferson onward, have exercised impoundment authority when deemed necessary. Trump has taken it a step further, branding impoundment as the “ultimate weapon” to take down what he calls the entrenched bureaucracy of Washington, or the “Deep State.”
The impoundment revival is spearheaded by Russ Vought, Trump’s pick to lead the Office of Management and Budget (OMB). Vought has been vocal in conservative circles, lamenting the loss of impoundment authority as a fatal blow to executive power over federal spending. He’s even been caught on tape rallying conservatives with his fiery rhetoric about combating a “Marxist takeover” of the government and slashing federal bureaucracy. Unsurprisingly, Trump praised Vought as a key figure in his plan to dismantle government overreach and return power to the people.
In addition to Vought’s crusade, Trump has tapped Elon Musk and Vivek Ramaswamy to helm a newly created Department of Government Efficiency, humorously abbreviated as DOGE. Musk and Ramaswamy, known for their tech-savvy and corporate cost-cutting, have already signaled their readiness for legal battles. With a 6-3 conservative Supreme Court majority, they appear confident in their ability to reshape the federal government, claiming they have a “historic opportunity” to implement structural reforms. However, any attempts to bypass Congress and unilaterally fire federal workers or withhold funding would almost certainly trigger a constitutional crisis.
Constitutional scholars, unsurprisingly, see trouble ahead. Critics argue that even a conservative-leaning Supreme Court might balk at the implications of such sweeping executive authority. But Trump’s camp remains defiant, banking on the belief that the court will side with the administration’s interpretation of executive power. Whether this gambit succeeds or crashes spectacularly, one thing is certain: Trump’s second term is poised to bring yet another round of political fireworks, with the federal bureaucracy squarely in the crosshairs.
