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One on One with Robert DoarRicochet will work fine in a browser on your mobile devices, but for the best experience please download our app.
There are enormous constitutional issues coming to a head very soon. By granting almost complete discretion to agencies to use impossibly large amounts of money, Congress has punted away much of the authority that was supposed to come with the power of the purse. The elected Executive barely gets its appointees in place in one term, and those appointees have neither the expertise nor internal support to get hold of the existing funding channels.
The bitter irony is that the coming litigation will be based on the pretense that (a) congressional intent formed the bogus spending within these appropriations and (b) the executive controls the administrative state. In reality, a virtually autonomous administrative state subject to neither Congress nor POTUS but only to itself and its cronies will assert an entitlement as if an appropriate constitutional order were actually in place. And SCOTUS will likely rule in favor of the bad guys based on that pretense.
I offer a hypothetical case involving a clearly bogus and silly grantee plaintiff and offer a depressing prediction as to the outcome before the high court.
Abstract: Plaintiff Faux Compassion International (“FCI”) is a 501(c)(3) non-profit with its main office in Bethesda, Maryland. Pursuant to a grant of $20,000,000 (Grant number XYZ-1234567) from USAID, FCI provides pride-colored condoms, multi-language vegan recipe books, and funds for touring intersectional, multi-gender-affirming street puppet theater performances in impoverished nations. On February 14, 2025, this grant and disbursement of funds were terminated by executive order.
Although there is no contract with USAID to provide these specific services, FCI claims a reliance interest because only $120,000 of the grant actually goes to the stated deliverables—the rest of the funds other than FCI overhead and salaries ($5.6 million) is obligated under contract to other consultants, vendors, service providers, and partners including but not limited to Pretend Action, Inc., Make Noise for Earth, and Totally Not Just Another DNC Auxiliary.
The issues presented are:
Ruling:
Bottom line: Unless and until Congress gets in the game to make actual cuts or otherwise authorize POTUS to do so, I fear that lawfare could so greatly narrow and delay DOGE-inspired discretionary authority as to gut the entire enterprise.
I would be delighted if a real constitutional lawyer were to explain why I am completely wrong about this and that there is far more reason for optimism going forward.
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Discussion (27)
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Maybe we are getting closer:
Time for the Jacksonian Response?
The Trump Administration should make sure sure all actual disbursing is done through Treasury-no delegation to disburse from the general fund for the State Department.
If Trump takes the Jacksonian approach the enforcement option for the ruling by SCOTUS is impeachment.
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It's never been specifically required, has it, that all funds appropriated must be spent, down to the last penny?
And yes, if Congress thinks that's not being done, and they want it to be done seriously enough, they can impeach.
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You might want to check on the impoundment battles of the Nixon administration. I suppose I could check on that, too.
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So, if Congress allows X money to be spent on something, but it turns out that it can be done for 90% of X, must the other 10% still go to the vendor, or be spent on extra bubble-gum or something?
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Isn't repeal of the Impoundment Act on the current legislative agenda?
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