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Planet Money

Can the president override Congress on spending?

19 Feb 2025

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So the president can't spend more money than Congress has agreed and voted to spend. But can the president spend less money than Congress wants?It all comes down to something called "impoundment" and the Impoundment Control Act of 1974, which controls when and how a president can take away money Congress has appropriated.President Trump followed the Impoundment Control Act rules back in 2018. But now, in his second term, he's saying he thinks that law is unconstitutional.On this episode: the history of impoundment, from Thomas Jefferson to Richard Nixon and Bill Clinton. And what constitutional scholars and judges are saying after Trump attempted to dismantle a federal agency and freeze trillions in federal funding that goes to states for everything from new school buses to public health research.We've got more about impoundment in the latest Planet Money newsletter.Check out The Indicator's episodes on the gutting of USAID and how American farmers are affected in USAID cuts. And, our previous episode on the big government money pipe that's being closely watched right now.Find more Planet Money: Facebook / Instagram / TikTok / Our weekly Newsletter.Listen free at these links: Apple Podcasts, Spotify, the NPR app or anywhere you get podcasts.Help support Planet Money and hear our bonus episodes by subscribing to Planet Money+ in Apple Podcasts or at plus.npr.org/planetmoney.Learn more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy

Audio
Transcription

Full Episode

1.223 - 3.324 Rachel Snyderman

This is Planet Money from NPR.

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6.705 - 32.525 Sarah Gonzalez

President Donald Trump has attempted to dismantle a federal agency, USAID, the Agency for International Development. He's attempted to freeze billions of dollars in grant money that goes to states for everything from new school buses to paying for the health benefits of child care workers, wildfire prevention. He's attempted to freeze federal funds for medical and public health research.

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33.362 - 55.921 Sarah Gonzalez

And now whether Trump has the power to cut off money that has been appropriated by Congress is being litigated by the courts. Several judges have blocked big parts of Trump's efforts, ordered the administration to release the funds they froze, though there have been many examples of funds not being released. And, you know, the Constitution says,

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56.229 - 84.466 Sarah Gonzalez

it's pretty clear that Congress has the power of the purse. Congress decides how much money the U.S. spends. So generally, it's been understood that the president cannot spend more money than Congress has agreed and voted to spend. But can the president spend less money than Congress wants? Hello and welcome to Planet Money. I'm Sarah Gonzalez. And that is the thing being debated right now.

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85.147 - 105.571 Sarah Gonzalez

Whether a president can spend less than Congress wants comes down to something called impoundment and the Impoundment Control Act. Basically, when and how a president can impound funds like take money away that have already been appropriated. Today on the show, what is impoundment? How has it been used in the past?

105.711 - 138.993 Sarah Gonzalez

And what do the judges and legal scholars who study the Constitution and impoundments in particular have to say about the legality of what the Trump administration is trying to do? When the Trump administration ordered all of the funding freezes, it upended thousands of contracts, including with U.S. businesses and nonprofits. For example, U.S. farmers grow a lot of the corn and soy and food that

139.343 - 167.42 Sarah Gonzalez

the agency USAID sends to other countries. Last week, the USAID Office of Inspector General released a report that said that half a billion dollars worth of food was at risk of just spoiling in warehouses, at ports, in transit. The USAID Inspector General was fired the day after that report came out. Now, the U.S. Constitution says that the president has a duty to take care of

167.793 - 192.051 Sarah Gonzalez

that laws be faithfully executed. And when Congress debates and decides to fund something, that's a law. But before Trump was reelected, he was saying that he didn't think Congress had the final say here. In a campaign video, Trump said that as president, he should have the power to not spend money that Congress has appropriated.

192.612 - 205.278 Unidentified Speaker (Brief Interjection)

For 200 years under our system of government, It was undisputed that the president had the constitutional power to stop unnecessary spending through what is known as impoundment.

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