The Trump administration's Monday spending freeze is likely to provoke a crisis over the constitutionality of "impoundment"—one that the justices could well have to resolve *very* soon.
One can only hope that many of Trump's illegal moves will be shut down by the courts. Trump hates to lose, so maybe, he'll have his Project 2025 people stop doing this. I'm also wondering why Congressional Republicans aren't speaking out against such blatant power grabs since it takes away their power and leverage.
Many of the people in the Supreme Court and the legislature are His and they are under his sway. They will not likely counter him. That was the overriding warning during the campaign: the thing that saved us last time was the existence of guardrails and people stopping him… and that there are few (if any) guardrails left to oppose him or stop him this time.
So true (see my comments below about Tom Emmer). During lunch, I tried watching the first Trump press conference, and, after 30 minutes, I had to change the channel, shaking my head in disgust. Karoline Leavitt's fealty to Trump was so evident in her propaganda, it put Leni Riefenstahl to shame.
Exactly. What cowards the Republicans are. Perhaps if their personal family ox is gorded it will move them to action. The whole party is for sale so there is that.
The orange man is a bat-s—t crazy puppet if extremely wealthy, power hungry individuals and foreign enemies of the free world. Their design is to create chaos in the US government and downgrade our country’s socio-economical standing, and destroy our national reputation- thus weakening our international influence and increasing our defensive vulnerability. His actions which are unconstitutional and traitorous. He should be removed from office!
Not only do his actions lead to a downgrade of our standing in the world, in a fascist regime (which is where this is leading if Congress doesn't put a stop to it), the brightest people with potential for advancements in science, technology, medicine, and other important fields will leave to find countries where their expertise can flourish for mankind to share and improve. In a fascist state, the likes of which project 2025 and their puppet in the White House seek to attain, there is no room for advancement in these fields if it doesn't belong to or financially enrich those in power. In a fascist state, energy and expertise is wasted on hatred and violence in order to keep the populace ignorant, divided, and subversively in line.
Yesterday, the traitor-in-chief stopped the CDC from working or communicating with the WHO, with a threat not to disobey the order.
Why on earth would any leader who actually cared about the citizens he leads work against the agencies that protect them from disease? He wouldn't.
The scientists, doctors, and other educated individuals working at the CDC won't stop the work they are dedicated to, they will go elsewhere.
He’s obviously acting as the “CEO” of the country instead of the president whose powers are constrained by the constitution. He wants full and absolute power to do as he likes, and does not care.
By the way, Prof. Vladeck, my daughter is a third year at Amherst College. She loves it there.
" . . . there will quickly be lawsuits by those who were entitled to the frozen federal funds challenging agencies’ compliance with the Vaeth memo on both constitutional and statutory grounds."
Hopefully entities with deep pockets (such as the various States) will be at the forefront of bringing any such suits, though query - what about those state attorneys general and governors who are Trump devotees? This action of OMB is going to hit hard and will be tough for them to whitewash.
Exactly. The red states could have--and still could ---intervene in the Birthright Fiasco. Instead, their Attorney Generals have gotten a severe case of laryngitis And as professor Vladeck points out it is a matter of hours before the Blue States attack the impoundment fiasco. Evidently, the OMB stooges who launched this attack do not understand that the Blue well- to -do- states like New York or Washington State are not nearly as dependent on (among other Federal Grant Programs) Farm price supports as e.g. Iowa ,Kansas etc. The only possible mistake in Professor Vladek's analysis is his speculation that the Impoundment Order will now reach the Supreme Court faster than Birthright. There is reason to suspect that, ion fact, Impoundment will be called off on some bogus claim of mission accomplished.
Consider for a moment that the “real motives” of these moves are to accelerate enactment of the extreme right ideology of “ deconstructing the administrative state”. First, you throw a wrench into
reasonably effective and orderly functions of the largest government in the western world. Then,
when the “disruption” morphs into “reconsidering program goals and methods”, further delay and
disruption creates growing chaos and secondary impacts that ripple throughout the economy.
…..The Authoritairian Playbook then demands the redeployment of funds to “favored acolytes “
ensuring gross incompetence, widespread corruption and global impotence. ….Think about
what some of us have blindly embraced in the delusional re-election of a lifelong criminal conman
I hope Prof. Vladeck is right that the Supreme Court would likely reject any Trump reliance on his Article II authority to impound funds. But even though the OLC memo laughs at the idea that Article II's Take Care clause authorizes it, the majority in Trump v. U.S. cited it in support of presidential immunity from prosecution. It did so even while purporting to rely on Justice Robert Jackson's authoritative delineating of presidential power in his concurrence in Youngstown Sheet & Tube v. Sawyer, 343 U.S. 579 (1952). Here's what Jackson actually said about that clause:
"That authority must be matched against words of the
Fifth Amendment that
'No person shall be ...deprived of life, liberty or property,
without due process of law .. . .' One gives a governmental
authority that reaches so far as there is law, the other
gives a private right that authority shall go no farther.
These signify about all there is of the
principle that ours is a government of laws, not of men,
and that we submit ourselves to rulers only if under rules."
343 U.S. at 646.
Let's hope we remain a government of laws, not men.
Steve, it looks like this administration has been working full tilt for four years to get all this, and what is to come next, in place so abruptly. A full-scale revamp of the role of the federal government and the balance of power established by the constitution. How'd they know they were going to win? Did they 'steal' this election?
We can only hope that in all the chaos, litigation will quickly ensue. Between this and the debacle at Justice yesterday, the litigation opportunities are coming fast and furious. We have to be ready to respond. Keep writing because people need to understand what is happening so as not to normalize this destruction of our democracy in plain sight.
The piece does not take account of Gen. Land Office v. Biden, 722 F. Supp. 224 (S.D. Tex. 2024), which says that there is no private right of action for violations of the Impoundment Control Act. Instead, the only party that can sue is the Comptroller General under 2 USC 687. This decision may (or may not be) wrong, but it is a significant obstacle for private parties seeking to address the violations of the ICA. The current Comptroller General is apparently Eugene Dodaro, appointed by President Obama. He has a 15 year term but it expires at the end of 2025.
Is there a colorable argument to follow the line of thought coming up in FCC v. Consumer Research where under the nondelegation doctrine the ICA should be struck down because Congress is unable to delegate its purse powers? Thus there should be zero paths to any impounding at all?
I doubt it is realistic, nor would I expect consistency from the SC like that, but I think it could be funny.
But the courts move at a glacial pace. And in the interim, Tribes, local governments, States, and universities need to make payroll. As usual, those who can least afford it will bear the brunt of this cruel and unconstitutional ploy!
Seems to fall clearly within Steel Seizure, as outlined in Jackson's concurrence:
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.”
It is laughable the way the OMB memo repeats Trump's debunked claim (https://apnews.com/article/donald-trump-fact-focus-first-week-president-claims-4b60d31b3209e98e63ec383d3f4052dc) that he has any sort of mandate. Tom Emmer (#3 House Republican) said, in response to the OMB memo, "he (Trump) was elected to shake up the status quo." Just because you say something doesn't make it true. Shaking things up, and repeatedly trying to violate Constitutional law, are completely different things.
But, it is easier to waste America's time and resources with shenanigans like this in the name of 'fiscal responsibility', rather than something far more meaningful to address the obscene wealth inequality in America that is causing so many of our problems, like bringing back the top tax bracket that existed before Reagan, or raising the cap on earnings taxed by Social Security.
"Perhaps it’s so transparently harmful, preposterous, and unlawful that we’ll see the administration walk it back in the coming days."
The cynic in me says that when they walk it back, the announcement will be, "President Trump has released BILLIONS of dollars for the American People!"
Sam Bagenstos has an excellent explainer out today (on Bluesky) on the law and the illegal nature of what the Trump administration has done. Skywriter.blue is like the Threadreader app over on Twitter, makes important threads available to everyone, whether they’re on Bluesky or not.
One can only hope that many of Trump's illegal moves will be shut down by the courts. Trump hates to lose, so maybe, he'll have his Project 2025 people stop doing this. I'm also wondering why Congressional Republicans aren't speaking out against such blatant power grabs since it takes away their power and leverage.
Many of the people in the Supreme Court and the legislature are His and they are under his sway. They will not likely counter him. That was the overriding warning during the campaign: the thing that saved us last time was the existence of guardrails and people stopping him… and that there are few (if any) guardrails left to oppose him or stop him this time.
So true (see my comments below about Tom Emmer). During lunch, I tried watching the first Trump press conference, and, after 30 minutes, I had to change the channel, shaking my head in disgust. Karoline Leavitt's fealty to Trump was so evident in her propaganda, it put Leni Riefenstahl to shame.
Exactly. What cowards the Republicans are. Perhaps if their personal family ox is gorded it will move them to action. The whole party is for sale so there is that.
The orange man is a bat-s—t crazy puppet if extremely wealthy, power hungry individuals and foreign enemies of the free world. Their design is to create chaos in the US government and downgrade our country’s socio-economical standing, and destroy our national reputation- thus weakening our international influence and increasing our defensive vulnerability. His actions which are unconstitutional and traitorous. He should be removed from office!
Not only do his actions lead to a downgrade of our standing in the world, in a fascist regime (which is where this is leading if Congress doesn't put a stop to it), the brightest people with potential for advancements in science, technology, medicine, and other important fields will leave to find countries where their expertise can flourish for mankind to share and improve. In a fascist state, the likes of which project 2025 and their puppet in the White House seek to attain, there is no room for advancement in these fields if it doesn't belong to or financially enrich those in power. In a fascist state, energy and expertise is wasted on hatred and violence in order to keep the populace ignorant, divided, and subversively in line.
Yesterday, the traitor-in-chief stopped the CDC from working or communicating with the WHO, with a threat not to disobey the order.
Why on earth would any leader who actually cared about the citizens he leads work against the agencies that protect them from disease? He wouldn't.
The scientists, doctors, and other educated individuals working at the CDC won't stop the work they are dedicated to, they will go elsewhere.
I'll help you remove him
He’s obviously acting as the “CEO” of the country instead of the president whose powers are constrained by the constitution. He wants full and absolute power to do as he likes, and does not care.
By the way, Prof. Vladeck, my daughter is a third year at Amherst College. She loves it there.
" . . . there will quickly be lawsuits by those who were entitled to the frozen federal funds challenging agencies’ compliance with the Vaeth memo on both constitutional and statutory grounds."
Hopefully entities with deep pockets (such as the various States) will be at the forefront of bringing any such suits, though query - what about those state attorneys general and governors who are Trump devotees? This action of OMB is going to hit hard and will be tough for them to whitewash.
The red states can passively benefit from suits filed by blue states without having to openly cross Trump.
Exactly. The red states could have--and still could ---intervene in the Birthright Fiasco. Instead, their Attorney Generals have gotten a severe case of laryngitis And as professor Vladeck points out it is a matter of hours before the Blue States attack the impoundment fiasco. Evidently, the OMB stooges who launched this attack do not understand that the Blue well- to -do- states like New York or Washington State are not nearly as dependent on (among other Federal Grant Programs) Farm price supports as e.g. Iowa ,Kansas etc. The only possible mistake in Professor Vladek's analysis is his speculation that the Impoundment Order will now reach the Supreme Court faster than Birthright. There is reason to suspect that, ion fact, Impoundment will be called off on some bogus claim of mission accomplished.
Thanks Prof. Vladek - incredibly helpful.
Consider for a moment that the “real motives” of these moves are to accelerate enactment of the extreme right ideology of “ deconstructing the administrative state”. First, you throw a wrench into
reasonably effective and orderly functions of the largest government in the western world. Then,
when the “disruption” morphs into “reconsidering program goals and methods”, further delay and
disruption creates growing chaos and secondary impacts that ripple throughout the economy.
…..The Authoritairian Playbook then demands the redeployment of funds to “favored acolytes “
ensuring gross incompetence, widespread corruption and global impotence. ….Think about
what some of us have blindly embraced in the delusional re-election of a lifelong criminal conman
and his minions.
I hope Prof. Vladeck is right that the Supreme Court would likely reject any Trump reliance on his Article II authority to impound funds. But even though the OLC memo laughs at the idea that Article II's Take Care clause authorizes it, the majority in Trump v. U.S. cited it in support of presidential immunity from prosecution. It did so even while purporting to rely on Justice Robert Jackson's authoritative delineating of presidential power in his concurrence in Youngstown Sheet & Tube v. Sawyer, 343 U.S. 579 (1952). Here's what Jackson actually said about that clause:
"That authority must be matched against words of the
Fifth Amendment that
'No person shall be ...deprived of life, liberty or property,
without due process of law .. . .' One gives a governmental
authority that reaches so far as there is law, the other
gives a private right that authority shall go no farther.
These signify about all there is of the
principle that ours is a government of laws, not of men,
and that we submit ourselves to rulers only if under rules."
343 U.S. at 646.
Let's hope we remain a government of laws, not men.
Steve, it looks like this administration has been working full tilt for four years to get all this, and what is to come next, in place so abruptly. A full-scale revamp of the role of the federal government and the balance of power established by the constitution. How'd they know they were going to win? Did they 'steal' this election?
Read Project 2025. Everything was in place and ready to go
We can only hope that in all the chaos, litigation will quickly ensue. Between this and the debacle at Justice yesterday, the litigation opportunities are coming fast and furious. We have to be ready to respond. Keep writing because people need to understand what is happening so as not to normalize this destruction of our democracy in plain sight.
The piece does not take account of Gen. Land Office v. Biden, 722 F. Supp. 224 (S.D. Tex. 2024), which says that there is no private right of action for violations of the Impoundment Control Act. Instead, the only party that can sue is the Comptroller General under 2 USC 687. This decision may (or may not be) wrong, but it is a significant obstacle for private parties seeking to address the violations of the ICA. The current Comptroller General is apparently Eugene Dodaro, appointed by President Obama. He has a 15 year term but it expires at the end of 2025.
Is there a colorable argument to follow the line of thought coming up in FCC v. Consumer Research where under the nondelegation doctrine the ICA should be struck down because Congress is unable to delegate its purse powers? Thus there should be zero paths to any impounding at all?
I doubt it is realistic, nor would I expect consistency from the SC like that, but I think it could be funny.
But the courts move at a glacial pace. And in the interim, Tribes, local governments, States, and universities need to make payroll. As usual, those who can least afford it will bear the brunt of this cruel and unconstitutional ploy!
Seems to fall clearly within Steel Seizure, as outlined in Jackson's concurrence:
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.”
It is laughable the way the OMB memo repeats Trump's debunked claim (https://apnews.com/article/donald-trump-fact-focus-first-week-president-claims-4b60d31b3209e98e63ec383d3f4052dc) that he has any sort of mandate. Tom Emmer (#3 House Republican) said, in response to the OMB memo, "he (Trump) was elected to shake up the status quo." Just because you say something doesn't make it true. Shaking things up, and repeatedly trying to violate Constitutional law, are completely different things.
But, it is easier to waste America's time and resources with shenanigans like this in the name of 'fiscal responsibility', rather than something far more meaningful to address the obscene wealth inequality in America that is causing so many of our problems, like bringing back the top tax bracket that existed before Reagan, or raising the cap on earnings taxed by Social Security.
"Perhaps it’s so transparently harmful, preposterous, and unlawful that we’ll see the administration walk it back in the coming days."
The cynic in me says that when they walk it back, the announcement will be, "President Trump has released BILLIONS of dollars for the American People!"
Sam Bagenstos has an excellent explainer out today (on Bluesky) on the law and the illegal nature of what the Trump administration has done. Skywriter.blue is like the Threadreader app over on Twitter, makes important threads available to everyone, whether they’re on Bluesky or not.
https://skywriter.blue/pages/did:plc:npccsb474a3u5277no6e6y2g/post/3lgsihahzrk24