Cameron Miranda
In the United States, the President has the power to break the law, as seen with Richard Nixon's abuse of power and the Trump administration's violation of rules, laws, and the Constitution. This raises questions about who controls the President and whether there are checks and balances in place to hold them accountable. The Impoundment Control Act of 1974, for example, was passed by Congress to curb the President's power over spending allocated funds. However, with the recent takeover of the Treasury Department's payment system by Elon Musk and his aides, it is unclear if these checks and balances are effective. This topic explores the complex relationship between those in power and the laws they are meant to uphold, raising concerns about the potential abuse of power and the consequences for democracy.
| Characteristics | Values |
|---|---|
| Presidents can break the law by refusing to spend funds | Richard Nixon abused this power |
| Presidents can break the law by not enforcing it when it comes to their own misconduct or that of their supporters | The Inauguration Day pardon of the January 6 insurrectionists |
| Presidents can break the law by violating the Constitution | Trump administration |
| Presidents can break the law by accessing confidential data | Musk's aides accessed USAID's confidential data |
| Presidents can break the law by freezing funds | Musk's aides froze most foreign aid |
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What You'll Learn
Presidents can break the law by refusing to spend funds
The law is king, as Thomas Paine wrote at the founding of America. However, in the modern day, it can be hard to tell if this is still true. Presidents from both parties have at times refused to spend funds, but Richard Nixon abused this power, as he did so many others on his way to resignation. Congress passed the Impoundment Control Act of 1974 to curb the practice. Under the law, presidents must notify Capitol Hill of their intent to hold on to allocated funds. Congress can accept or reject this proposal, and if it does not act within a certain amount of time, the money must be released. If presidents can decide when to spend and not spend all on their own, then Congress becomes little more than an advisory body to a monarch.
The Constitution’s Article I, Section 9 grants Congress the power of the purse to approve spending in the federal budget in the Appropriations Clause, which reads in part, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” The Constitution then delegates to the president the task of spending approved funds in the Take Care Clause, which requires the chief executive “shall take Care that the Laws be faithfully executed.” The most noted example of a conflict over impoundment took place in the 1970s, when President Richard Nixon refused to spend funds on numerous programs approved by Congress.
Another effort to give the president more flexibility in controlling how funds allocated by Congress are spent was the Line Item Veto Act of 1996. The act amended the ICA “to authorise the President to cancel in whole any dollar amount of discretionary budget authority, any item of new direct spending, or any limited tax benefit signed into law.” Such moves required certain conditions, including reducing the federal budget deficit and not impairing “essential Government functions” or causing “harm” to “the national interest.” Congress could override a spending cancellation by the president using an expedited process. President Bill Clinton used the line-item veto 82 times during its brief existence, with Congress restoring 39 appropriations. In Clinton v. City of New York, the Supreme Court struck down the line-item veto in a 6-3 decision.
In the modern day, the Trump administration has violated rules, laws, and the Constitution. Musk’s aides took over the agency. They froze most foreign aid, threatening the provision of medical care and the safe operation of refugee camps. They accessed its confidential data. They shut down its website. Staff was ordered to stay away from the office. Musk announced their plan is to “shut down” the agency. He says the agency is a “criminal organisation,” while President Trump now claims it is led by “radical lunatics.” Finally, Secretary of State Marco Rubio said the agency was guilty of “insubordination” and it would now be part of the State Department. All this is illegal.
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Presidents can pardon insurrectionists
The President can pardon insurrectionists. This was seen on Inauguration Day when the new President pardoned the January 6 insurrectionists. This was followed by a purge of the Federal Bureau of Investigation, with top career officials removed and hundreds of agents probed because they worked on the prosecution of the Capitol rioters.
The President's power to pardon insurrectionists is a clear example of how the President can control who breaks the law. This power can be abused, as seen with Richard Nixon, who refused to spend funds. Congress passed the Impoundment Control Act of 1974 to curb this practice.
Presidents and their administrations have also been known to violate rules, laws, and the Constitution. The Trump administration, for example, has been accused of violating the law on multiple occasions, including freezing most foreign aid, threatening the provision of medical care and the safe operation of refugee camps, and accessing confidential data.
Despite these examples of Presidents and their administrations breaking the law, it is important to note that the President is not above the law. Congress, for example, can pass laws to curb the President's power, as seen with the Impoundment Control Act of 1974. Additionally, the Federal Bureau of Investigation and other law enforcement agencies are responsible for investigating and prosecuting those who break the law, including the President and their supporters.
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Presidents can violate the Constitution
Presidents have also refused to spend funds allocated by Congress, which some argue violates the Constitution by making Congress little more than an advisory body to a monarch. Richard Nixon abused this power, leading to the passage of the Impoundment Control Act of 1974 to curb the practice.
Presidents have also clashed with the Constitution over their refusal to enforce certain statutes, such as Thomas Jefferson's refusal to prosecute individuals for violations of the Sedition Act, which he believed to be unconstitutional.
The Constitution does not grant the President the authority to authorise private violations of the law or to nullify laws, but there is debate over whether the President must enforce laws they believe to be unconstitutional.
Despite these constraints, Presidents enjoy a great deal of enforcement discretion, and it can be difficult to hold them accountable for violating the Constitution.
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Presidents can refuse to enforce the law
In the United States, the President can refuse to enforce the law. This is not an uncommon occurrence, with Presidents from both parties having refused to spend funds in the past. Richard Nixon abused this power, which led to Congress passing the Impoundment Control Act of 1974 to curb the practice. Under this law, Presidents must notify Capitol Hill of their intent to hold on to allocated funds. Congress can accept or reject this proposal, and if it does not act within a certain amount of time, the money must be released.
Presidents can also refuse to enforce federal laws, such as those surrounding marijuana use. While it is still contrary to federal law, it is no longer enforced. This is not limited to the President, with governors, district attorneys, and police officers also having discretion over which laws they enforce.
Presidents can also refuse to enforce the law when it comes to their own misconduct or that of their supporters. For example, the Inauguration Day pardon of the January 6 insurrectionists was followed by a purge of the Federal Bureau of Investigation, with top career officials removed and hundreds of agents probed because they worked on the prosecution of the Capitol rioters.
However, in extreme cases, Congress can impeach and remove the President. For example, the DEA and FBI could walk into any marijuana dispensary in a "legal" state and arrest everyone, but recent Presidents have chosen not to do so. Congress has signalled that they will not repeal these federal laws, but they will also not push the President to enforce them.
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Billionaires can illegally take over government agencies
It is important to remember that the law is king and that no one is above it. However, there have been instances where the rich and powerful have broken the law and assaulted the government. For example, the Trump administration has violated rules, laws, and the Constitution. Presidents from both parties have refused to spend funds, but Richard Nixon abused this power.
These actions by billionaires and their associates are illegal and demonstrate a concerning trend of the wealthy flouting the law and undermining the government. It raises questions about who controls who breaks the law and the consequences for those with immense power and influence.
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Frequently asked questions
Presidents can break the law, as Richard Nixon did when he refused to spend funds. Congress can also break the law, as they did when they took over the Treasury Department's payment system.
Congress can pass laws to curb the President's power, as they did with the Impoundment Control Act of 1974.
Yes, the President can be prosecuted for breaking the law. However, this is rare and often depends on the political party in power.
The President can refuse to spend funds allocated to Congress, effectively shutting down their operations.
Yes, Congress can be prosecuted for breaking the law. However, this is also rare and often depends on the political party in power.
