Actions that may exceed the President's constitutional authority — such as withholding congressionally appropriated funds or abolishing agencies created by law.
Showing actions from 2017–2021 · 1st Term. View all presidents →
This memorandum ("Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster") 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.
Executive Order 13933 ("Executive Order 13933-Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence") involves withholding, pausing, or freezing federal funds. The President's stated reasoning: "domestic tranquility and defend the life, property, and rights of its citizens." 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 on the Financial Stability Oversight Council") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "that these processes for making determinations and designations promote market discipline and reduce systemic risk." 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 13780 ("Executive Order 13780-Protecting the Nation From Foreign Terrorist Entry Into the United States") involves withholding, pausing, or freezing federal funds. The President's stated reasoning: "additional entries would be in the national interest." 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 on the Federal Civilian Employee Hiring Freeze") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "that essential services are not interrupted and national security is not affected." 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.