Gavin Howe
Former US President Donald Trump has been accused of attempting to bypass Congress and violate federal laws during his administration. Trump has been criticised for his use of executive orders and unilateral action to delay the obligation or expenditure of enacted appropriations, which has been deemed unlawful impoundment. Legal experts have questioned whether Trump can shut down agencies without congressional approval, and his administration has been accused of violating appropriations acts by disregarding limits on spending appropriated funds. Trump has also been criticised for his use of tariffs, with some arguing that his use of the IEEPA to impose tariffs is unconstitutional. While Congress has passed laws granting the president some tariff powers, experts say it is unclear if they will attempt to stop Trump's tariff spree. Trump has also floated the idea of seeking a third term as president, which would be a direct challenge to the 22nd Amendment.
| Characteristics | Values |
|---|---|
| Can Trump make laws without Congress? | No, it is unconstitutional. |
| Can Trump impose tariffs without Congress? | Yes, but Congress has the power to repeal or restrict this. |
| Can Trump serve a third term as President? | Possibly, but this would likely result in lawsuits. |
| Can Trump shut down USAID without Congress? | No, it was established by an act of Congress and can only be disbanded by an act of Congress. |
| Can Trump withhold appropriated funds without Congress? | No, this violates the Impoundment Control Act and Congress's constitutional power of the purse. |
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What You'll Learn
- Trump's administration has been accused of violating appropriations acts
- Trump's spending pause on federal programs is unlawful
- Trump's use of the IEEPA to impose tariffs is unconstitutional
- Trump's attempt to shut down USAID without congressional approval is illegal
- Trump's third term as president would be a violation of the 22nd Amendment
Trump's administration has been accused of violating appropriations acts
Secondly, Trump's administration has been accused of unlawful impoundment, or the unilateral action of delaying or cancelling appropriations enacted into law. This includes three Day 1 Executive Orders that call for unlawful deferrals or cancellations of funding, in violation of the Impoundment Control Act and Congress's constitutional power of the purse. The administration has also been accused of freezing funding for federal programs, despite court orders prohibiting them from doing so, and of violating the Anti-Deficiency Act by promising expenditures that exceed what Congress has allocated.
Additionally, Trump has been criticised for his use of tariffs, with some arguing that his imposition of broad-based tariffs on almost every country in the world is unconstitutional and exceeds his powers. While Congress has passed laws granting the president some tariff powers, it remains unclear if they will attempt to restrict or repeal these powers.
Overall, while Trump's administration has been accused of violating appropriations acts in several instances, the full extent of these violations and their potential consequences are complex and subject to ongoing legal and political scrutiny.
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Trump's spending pause on federal programs is unlawful
On January 27, 2025, the Office of Management and Budget (OMB) issued a memorandum to pause federal financial assistance, requiring federal agencies to submit a detailed report on all projects or activities affected by the pause. The memorandum, authored by Acting Director of the OMB Matthew Vaeth, does not specify when this pause will be lifted. Instead, it states that the suspension is intended to allow the Trump Administration to conduct a political review to assess whether federal financial assistance aligns with its priorities.
Trump's spending pause on federal programs has been deemed unlawful by many legal experts. Firstly, it violates the Impoundment Control Act of 1974 (ICA), which created a process for Congress to review a federal agency's withholding of funds that were approved by Congress. The ICA allows the president to withhold funds in certain specific circumstances and for limited periods, and Trump's spending pause does not meet these criteria. Secondly, the spending pause may violate the Anti-Deficiency Act, which prohibits the government from spending more money than Congress has appropriated. By freezing funding for federal programs, the Trump Administration may be at risk of incurring obligations beyond provisions in the federal budget, potentially violating federal law.
Furthermore, the spending pause may also violate the Administrative Leave Act of 2016, which places strict limits on how federal employees can be placed on leave. Legal experts and political opponents have raised concerns about the legality of the spending pause, and at least one lawsuit has been filed. Additionally, the spending pause may conflict with existing federal rules and regulations, as Congress has required NIH to apply federal rules in the same manner as in the third quarter of fiscal year 2017, and forbade spending appropriated funds to change these rates.
The legality of Trump's spending pause on federal programs is a highly contested issue. While the Trump Administration has defended its actions, citing the need to align financial assistance with the Administration's priorities, legal experts and political opponents argue that the spending pause is unlawful and violates multiple acts and statutes. The outcome of the legal challenges remains to be seen, but it is clear that Trump's spending pause has sparked significant scrutiny and controversy.
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Trump's use of the IEEPA to impose tariffs is unconstitutional
The US Constitution grants Congress the power to impose tariffs and taxes. Article 1, Section 8 of the Constitution states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises," as well as "To regulate Commerce with foreign Nations." This indicates that the power to impose tariffs falls within the legislative branch, under Congress's authority.
Despite this, President Trump has imposed tariffs on various countries, including Canada, Mexico, and China, by invoking the International Emergency Economic Powers Act (IEEPA). The IEEPA authorizes specific emergency actions, such as imposing sanctions or freezing assets, but it does not explicitly mention tariffs or taxes. Trump's use of the IEEPA to impose tariffs has been met with legal challenges and concerns from some of his supporters, with groups like the New Civil Liberties Alliance (NCLA) arguing that it is unconstitutional.
The NCLA, joined by other legal experts, contends that the IEEPA does not grant the President the authority to impose tariffs. They argue that the President cannot bypass the Constitution and existing tariff statutes by invoking emergency powers in the IEEPA, which has no explicit mention of tariffs. This interpretation of the IEEPA as permitting tariff-setting would, according to Mark Chenoweth, President of the NCLA, "transfer core legislative power" to the executive branch, which is contrary to the principles of separation of powers and the nondelegation doctrine.
Furthermore, the NCLA and its supporters argue that there is no connection between the fentanyl epidemic, which Trump cited as a reason for invoking emergency powers, and the imposition of tariffs. They claim that tariffs are not a suitable or necessary response to the stated purpose of stopping the influx of opioids. Instead, they believe that Trump's true motivation for the China tariff is to increase federal revenue and reduce trade deficits, as his own statements have indicated.
While Congress has passed laws granting the President some tariff powers, and courts have generally upheld those moves, Trump's use of the IEEPA to impose tariffs on numerous countries goes beyond the traditional understanding of the President's tariff powers. This has sparked legal challenges and concerns even among some of Trump's supporters, including Republican senators and a right-wing group backed by Koch and Leo, who have sued to stop the tariffs. The lawsuit argues that Trump has exceeded his powers and that the power to impose tariffs lies with Congress, not the President.
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Trump's attempt to shut down USAID without congressional approval is illegal
Legal and government experts have raised concerns that Trump's actions may violate the Anti-Deficiency Act, which prohibits the government from spending more than Congress has appropriated. Additionally, there are worries about potential breaches of the Administrative Leave Act, which places strict limits on how federal employees can be placed on leave.
Trump's administration has moved to fire nearly all USAID staff, with ally Elon Musk's Department of Government Efficiency slashing funding and dismissing contractors. This has resulted in thousands of USAID employees being forced to take leave, with a federal judge ruling that these actions were likely unconstitutional. The judge, Theodore Chuang, stated that the accelerated shutdown of USAID and the decision to close its headquarters without the approval of a duly appointed USAID officer likely violated the United States Constitution in multiple ways.
Chuang's ruling prohibited the Department of Government Efficiency from taking any further actions against USAID and ordered the immediate restoration of email and computer access to all employees. This decision marked a significant development, as it was the first time a judge had ruled that Musk's role required him to be confirmed by the Senate under the Constitution's Appointments Clause.
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Trump's third term as president would be a violation of the 22nd Amendment
The US Constitution's 22nd Amendment clearly states that "no person shall be elected to the office of the President more than twice". This was ratified in 1951, formalizing the two-term limit that had been a norm since George Washington. The amendment further clarifies that "no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."
Despite this, Trump has floated the idea of a third term as President, even stating that "I have had more people ask me to have a third term". However, legal experts and political scientists have weighed in, stating that such an amendment to the Constitution is "nearly impossible". Renowned constitutional scholar Erwin Chemerinsky agrees, stating that there is "no way" such an amendment would succeed. Furthermore, any changes to the US Constitution require a two-thirds vote from both chambers of Congress and ratification by three-quarters of the 50 states, which is highly improbable in today's political climate.
Trump's potential third term as President would, therefore, be a violation of the 22nd Amendment. While there are loopholes and workarounds that have been proposed, such as Trump running as vice-president and then ascending to the presidency, these are largely seen as speculative and unlikely to succeed.
In terms of Trump's ability to make laws without Congress, the answer is more complex. While the President does have some law-making powers, such as declaring a national emergency and imposing related tariffs, as seen with Trump's use of the IEEPA, the power to create and pass laws primarily rests with Congress. Congress can also pass legislation to repeal or restrict the President's powers, as seen with the discussion around tariff powers. Ultimately, while Trump can influence and shape laws without Congress, he cannot make laws independently, and any laws he does enact must fall within the boundaries set by Congress and the Constitution.
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Frequently asked questions
No, Trump cannot make laws without Congress. The only way to make a law is for both chambers of Congress to pass a bill and then either have the President sign it or have Congress pass it again with two-thirds votes over the President's veto.
Congress has passed laws giving the president some tariff powers, and Trump has imposed tariffs on several countries. However, Congress has the power to pass legislation that repeals or restricts the president's tariff powers.
No, Trump cannot disband USAID without Congress. While USAID was created through an executive order by President John F. Kennedy in 1961, it was established as its own government agency by Congress in 1998. Congress has the authority to shut down the agency or allow it to be folded into the State Department.
No, Trump cannot make unilateral spending decisions without Congress. The President may propose to Congress to rescind or defer spending appropriated funds, but he must spend the money as specified in the appropriations act.
