Congress Put on Defensive as White House Moves Quickly

The dizzying pace with which President Trump has pushed through many of his policies in the first two weeks in office has put Congress on the defensive and has some in Congress pondering what the role of the legislative branch currently is.

After all, Congress is the First Branch of government in the Constitution and it’s supposed to be a co-equal branch of government with the Executive. 

Perhaps an early tipping point was the confusion over the suspension of federal financial aid to the states. Under law, the president cannot halt payments on grants or other programs approved by Congress. 

The suspended programs were approved via sweeping spendings bills signed into law, which were the result of complex bipartisan negotiations on Capitol Hill and with the White House. 

The suspension riled members of both parties, but particularly Democrats. 

"Can you imagine what it's going to be like for any of us, either under this administration or future administrations of any kind, if those agreements mean nothing?" said Senator Patty Murray (D-WA, ranking Democrat on the Senate Appropriations Committee. "We cannot function as a democracy in this country if we cannot respect and abide by our ability to make agreements in Congress."

Impoundment Control Act at Heart of Issue

Members of Congress cite the Impoundment Control Act (ICA) of 1974, along with subsequent Supreme Court rulings, which generally require the executive branch to spend the money doled out by Congress. However, President Trump insists the law is unconstitutional. 

"When I return to the White House, I will do everything I can to challenge the Impoundment Control Act in court, and if necessary, get Congress to overturn it," the president said in a 2023 policy announcement video. "We will overturn it."

Senate Republicans seem to agree with the president. 

"I think the president has every right to review the terms on which federal funding grants are dispersed, how they're being dispersed, where they're going, which is what I think they're doing here," said Senator Josh Hawley (R-MO).  "If you can't do that, then why do we have an independent executive?"

Others are more guarded. 

"I think there is benefit in taking a look at federal spending to see where we can be more efficient, to identify duplicative programs," said Senate Appropriations Committee Chair Susan Collins (R-ME).  "But this is far too sweeping, and will have an adverse effect on the delivery of services and programs."

TikTok Law

Another law that President Trump ignored was the congressionally passed legislation that effectively banned TikTok and required its sale to an entity not based in communist China, due to concerns that the Chinese government was using the popular app to spy on Americans.

While the law passed with overwhelming bipartisan majorities in both Houses, the president unilaterally delayed its enforcement.

“This president appears to believe that even if there is a duly enacted law, he’s going to blow past it and see what happens in the courts,” said Jeh Johnson, a former secretary of the Department of Homeland Security under President Obama.