The idea that the President, the head of the Executive branch, has zero power over Executive branch spending down to the agency level, because Congress said X must be spent and dammit they must spend it, makes no sense.
By that logic and taken to an extreme, Congress could pass a budget law (overriding the executive’s veto) to set executive spending for specific agencies to only be spent on computers, say the FBI, and the executive is powerless to Congresses control over the executive function to carry out the laws that the Congress has passed?
So clearly the intention is one of checks and balances, for example the President can’t spend money Congress does appropriate but also has some power over how that money is spent as such to exercise the power of the Executive.
So let’s see what the Constituion says as per Congress.gov!
“The constitutional dimensions of impoundment disputes have been confined to the political branches. The Supreme Court has not directly considered the extent of the President’s constitutional authority, if any, to impound funds.16 However, a case decided in 1838, United States v. Kendall,17 has been cited as standing for the proposition that the President may not direct the withholding of certain appropriations that, by their terms, mandate spending.18”
https://constitution.congress.gov/browse/essay/artII-S3-3-7/...
Very interesting! Sounds like something he may want the Supreme Court to rule on!
I for one look forward to getting some clarity on this issue.
By that logic and taken to an extreme, Congress could pass a budget law (overriding the executive’s veto) to set executive spending for specific agencies to only be spent on computers, say the FBI, and the executive is powerless to Congresses control over the executive function to carry out the laws that the Congress has passed?
So clearly the intention is one of checks and balances, for example the President can’t spend money Congress does appropriate but also has some power over how that money is spent as such to exercise the power of the Executive.
So let’s see what the Constituion says as per Congress.gov!
“The constitutional dimensions of impoundment disputes have been confined to the political branches. The Supreme Court has not directly considered the extent of the President’s constitutional authority, if any, to impound funds.16 However, a case decided in 1838, United States v. Kendall,17 has been cited as standing for the proposition that the President may not direct the withholding of certain appropriations that, by their terms, mandate spending.18”
https://constitution.congress.gov/browse/essay/artII-S3-3-7/...
Very interesting! Sounds like something he may want the Supreme Court to rule on!
I for one look forward to getting some clarity on this issue.