a_puppy
Joined 10 years ago
Joined 10 years ago
This article notes that some federally-funded nonprofits "couldn’t access funds to make payroll": https://thehill.com/homenews/senate/5115026-white-house-fund...
People rely on their paycheck to pay bills! If anyone stops getting their paycheck, that's not "keeping the lights on". Do you agree that any "review" mustn't prevent anyone from receiving their paycheck?
Both legislation and Supreme Court precedent say that the President cannot impound funds. You seem to be arguing that it's OK for him to impound funds because the Supreme Court decision was fifty years ago and they might rule differently today.
Couldn't that argument be used to justify breaking any law? I think Trump must follow the law. Do you agree that Trump must follow the law even if the Supreme Court hasn't specifically reaffirmed that particular law recently?
(I'd feel differently if Trump illegally impounded some trivial amount of money just to get a case before the Supreme Court; but that's not what he's doing here.)
A second judge is now quite clearly reiterating that the money must keep flowing for now: https://thehill.com/regulation/court-battles/5124167-trump-f...
> It’s going to be a knockdown drag out fight over this. Trump will win some, but lose others. That’s just how it goes.
Yes, that's how spending cuts are supposed to be decided: Congress.
> it’s impossible to turn that ship. I can’t imagine the federal government. The only people I’ve seen be successful are the ones that get creative.
Trump has every right to "get creative" within his constitutional power; he doesn't have the right to "creatively" violate the constitution by refusing to faithfully execute the law.
Let's return to the original question. Suppose that Congress passed a law fifty years ago saying that "there shall be an agency to do ABC, with a budget of $X/year, and the President can figure out the details". I agree that the President has wide latitude to decide how the agency does ABC. But he cannot just decide "ABC is a waste of money, let's abolish the agency and use that $X/year to pay off the debt instead". Do you agree? Or are you claiming that the President could unilaterally abolish the ABC agency and stop doing ABC? (Setting aside the question of whether Trump is currently doing that; do you agree that he would not be allowed to do that?)
They did sue, and a federal judge temporarily blocked the "federal spending freeze".
> you’re forgetting how much of the government is not described in law
It's true that many aspects of the government are not described in law. But the major federal expenditures are definitely described in law. That's why Republicans in Congress are currently debating the budget! https://www.yahoo.com/news/trump-spending-bill-stalls-congre...
Yeah. I think the way to counteract this is for moderates to speak up against the extremists, including the extremists on their own side.
For example, Biden criticized the extreme left in the summer 2020 protests: https://medium.com/@JoeBiden/we-are-a-nation-furious-at-inju...
> Protesting [police] brutality is right and necessary. It’s an utterly American response. But burning down communities and needless destruction is not. Violence that endangers lives is not. Violence that guts and shutters businesses that serve the community is not.
We need more of that from our politicians. When Republicans are willing to criticize Trump, I respect them enormously for it; but few Republicans are willing to publicly disagree with Trump.
Quoting from the page you linked:
> Impoundments usually proceeded on the view that an appropriation sets a ceiling on spending for a particular purpose but typically did not mandate that all such sums be spent. According to this view, if that purpose could be accomplished by spending less than the appropriation’s total amount, there would be no impediment in law to realizing savings. Impoundments were also justified on the ground that a statute, other than the appropriation itself, authorized the withholding.
In other words, if Congress appropriates $X for the FBI to buy computers, then Congress didn't necessarily mean "the FBI shall spend exactly $X on computers, down to the cent". It could be interpreted to mean "the FBI may spend up to $X on computers". But Congress has clarified this ambiguity: https://en.wikipedia.org/wiki/Congressional_Budget_and_Impou...
> the Impoundment Control Act of 1974 specifies that the president may request that Congress rescind appropriated funds. If both the Senate and the House of Representatives have not approved a rescission proposal (by passing legislation) within forty-five days of continuous session, any funds being withheld must be made available for obligation.
In other words, if Congress appropriates $X for the FBI to buy computers, but the President thinks $X is excessive, then the President may ask Congress for permission to spend less than $X. If Congress doesn't grant the permission within 45 days, then the President must go ahead and spend the full $X. Again, Congress literally has the power to set the laws, and the President is required by his oath of office to execute those laws.
Furthermore, the Supreme Court already ruled on this exact question: https://en.wikipedia.org/wiki/Train_v._City_of_New_York
> President Richard Nixon was of the view that the administration was not obligated to disburse all funds allocated by Congress to states seeking federal monetary assistance under the Federal Water Pollution Control Act Amendments of 1972 and ordered the impoundment of substantial amounts of environmental protection funds for a program he vetoed, and which had been overridden by Congress.
That case seems directly analogous to what Musk is currently trying to do. Nixon lost that case in the Supreme Court.
Even if the Supreme Court did rule that the President had impoundment powers, it would probably be on the condition that "[the purpose of the law] could be accomplished by spending less than the appropriation’s total amount" (quoting from the page you linked). For example, the President would still be required to buy sufficient computers for the FBI, even if he spent less than $X on them. The President still wouldn't be able to just unilaterally decide "no, the FBI doesn't need computers, this is a waste of money".
So, I think it's already quite clear that Trump/Musk do not have the constitutional authority to just start cutting government programs. Do you agree? If not, which part do you want further clarity on?
> Ok, so all payments are paused while funding is reviewed? ... This is taxpayers money ... A shocker that government agencies might need account for spending.
Reviewed for what?
Reviewed for whether the spending was authorized by Congress? If Musk finds that money is being spent in ways that are not authorized by Congress, and cuts that spending, great.
Reviewed for whether the money is being used efficiently to accomplish the goals set by Congress? Again, if Musk finds ways to stretch the same amount of money to accomplish more, that's great. For example, if Musk makes USAID more efficient so it delivers more aid for the same amount of money, that would be wonderful.
Or "reviewed" for whether Trump/Musk agree with them? It's illegal for the President to unilaterally cut programs just because he doesn't like them.
Do you recognize that Trump tried to overturn American democracy? If not: which part of the above paragraph do you disagree with?
In your comment, you seem to be referring to the fact that Trump didn't specifically call for violence on Jan 6. Depending on how exactly you define "coup", you could argue that Trump didn't personally attempt a coup, but rather Trump's supporters attempted a coup on his behalf while he cheered them on (and subsequently pardoned them). I think this is an irrelevant technicality; if Trump's supporters' attempted coup had succeeded, then American democracy would be just as dead as if Trump personally committed the coup.
Returning to the original topic: If you consider Trump's entire conduct around the 2020 election (as well as his extensive history of other dishonesty and lawbreaking) do you genuinely believe that the Democrats still owe Trump a presumption of good faith?
So far, that's not what DOGE appears to be doing. Rather than "rooting out corruption and inefficiency", DOGE appears to be cutting government spending that Musk disagrees with.
And that's unconstitutional! The executive branch doesn't have the constitutional authority to unilaterally cut a program established by Congress. If Congress allocated $X billion for foreign aid to country Y, the executive branch must disburse that aid.
Furthermore, speaking of corruption: Both Trump and Musk have major conflicts of interest. Prior to Trump, presidents were expected to divest business interests and put their assets in a blind trust; but Trump refused to do so. And SpaceX is a major federal contractor; if the head of a major federal contractor is _also_ the biggest supporter of the incoming president, the conflict of interest is obvious.
As you said, anyone who has an issue with rooting out corruption isn't in the right. So surely you're alarmed by these conflicts of interest, right? Don't you agree that Musk should either fully divest from SpaceX, or step away from politics?
This is perhaps the single biggest disconnect I see between Democrats and Republicans right now. To Democrats, Trump is "the man who attempted a self-coup", and everything he does is viewed in that light. Whereas Republicans seem to think that it just wasn't a big deal that Trump tried to overturn the 2020 election.
In short: Framing this as "cutting waste, fraud, and abuse" is assuming good faith, but given Trump's history, he doesn't deserve a presumption of good faith.
(Secondary to that: There's a difference between "cutting waste, fraud, and abuse" versus "shutting down entire functions of government without a replacement". Look at Musk trying to shut down USAID, for example. If Musk wanted to "cut waste, fraud, and abuse", that would mean "reforming USAID to achieve the same outcomes while spending less money". Instead, Musk is proposing to eliminate USAID entirely. Even if not for the self-coup angle, that's clearly not just "cutting waste, fraud, and abuse". Foreign aid is established by Congress, and only Congress has the constitutional authority to eliminate that aid.)
My Facebook account is not following Trump or Vance. The article mentioned a theory that some people were following the "POTUS" account, which changed hands; I was never following the "POTUS" account. That seems plausible to me.