It’s quite debatable what the founders intended here. Congress has the power to appropriate funds, it’s not clear as a constitutional matter it has the power to compel the executive to use all the appropriated funds.
Even as a legal matter, the impoundment act only requires rescission notification once it’s clear that the executive won’t use all the money appropriated for a “program.” When Congress is appropriating say $3 billion in a line item for USAID, DOGE can cancel a lot of individual contracts before it needs to invoke recession saying USAID won’t use all $3 billion.
Even as a legal matter, the impoundment act only requires rescission notification once it’s clear that the executive won’t use all the money appropriated for a “program.” When Congress is appropriating say $3 billion in a line item for USAID, DOGE can cancel a lot of individual contracts before it needs to invoke recession saying USAID won’t use all $3 billion.