Actions that may exceed the President's constitutional authority — such as withholding congressionally appropriated funds or abolishing agencies created by law.
Showing actions from 2009–2017. View all presidents →
This memorandum ("Memorandum on United States Support to United Nations Peace Operations") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "the global challenges that exist today." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
Executive Order 13701 ("Executive Order 13701-Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015") involves withholding, pausing, or freezing federal funds. This directly implicates the Impoundment Control Act of 1974, which was passed specifically to prevent presidents from refusing to spend money Congress has appropriated. Article I, Section 9 of the Constitution grants Congress the exclusive "power of the purse."
When Congress passes an appropriations bill and the President signs it into law, the executive branch is legally obligated to spend those funds for their designated purpose. Courts have consistently held that policy disagreements do not give the President authority to unilaterally withhold congressionally appropriated money. This type of action frequently prompts litigation and has been struck down by federal courts.
This executive order ("Remarks on Signing an Executive Order Establishing the National Commission on Fiscal Responsibility and Reform and an Exchange With Reporters") involves withholding, pausing, or freezing federal funds. The President's stated reasoning: "One was a financial crisis brought on by reckless speculation that threatened to choke off all lending." This directly implicates the Impoundment Control Act of 1974, which was passed specifically to prevent presidents from refusing to spend money Congress has appropriated. Article I, Section 9 of the Constitution grants Congress the exclusive "power of the purse."
When Congress passes an appropriations bill and the President signs it into law, the executive branch is legally obligated to spend those funds for their designated purpose. Courts have consistently held that policy disagreements do not give the President authority to unilaterally withhold congressionally appropriated money. This type of action frequently prompts litigation and has been struck down by federal courts.
This memorandum ("Memorandum of Disapproval for Legislation Continuing Appropriations for Fiscal Year 2010") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
This memorandum ("Memorandum on Mexico City Policy and Assistance for Voluntary Population Planning") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "safe and effective voluntary family planning programs in foreign nations." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
This memorandum ("Memorandum on Pay Freeze") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.