Skip to content
Search

Latest Stories

Top Stories

Trump’s Impoundment Power Grab: Straight from The Project 2025 Playbook

Opinion

Trump’s Impoundment Power Grab: Straight from The Project 2025 Playbook

U.S. President Donald Trump returns to the White House on February 19, 2025 in Washington, DC. Trump returned to the White House after spending the weekend and the first two days of the week in Florida.

(Photo by Win McNamee/Getty Images)

Using Project 2025 as the blueprint, President Donald Trump has launched a plan to greatly increase executive control over federal spending, aiming to expand presidential power.

A controversial tool once wielded by President Richard Nixon, impoundment, is at the center of this strategy to withhold congressionally approved funds. This maneuver was explicitly outlawed by Congress in 1974, yet Trump has revived it, once again testing the boundaries of executive power and challenging the constitutional separation of powers. With the GOP-led Congress effectively sidelined, the courts have been forced to intervene, creating a legal showdown over whether a president can usurp Congress’s “power of the purse.”


Project 2025 is a radical plan to reshape the federal government, diminishing the role of Congress and enhancing the executive branch's power. If successful, Trump’s efforts could permanently alter American governance by establishing the president’s unilateral authority over federal funding. This is clearly not what the Framers intended when they gave Congress the power of the purse.

Impoundment refers to a president’s decision to withhold funds that Congress has already allocated rather than executing the budget as mandated. The U.S. Constitution grants Congress exclusive power over federal spending, making impoundment a direct challenge to legislative authority. The key question before the courts is whether impoundment represents a legitimate executive function or an unconstitutional overreach that undermines the balance of power.

President Trump’s impoundment strategy pushes into legally uncertain territory, where past presidents have hesitated to tread. Project 2025 promotes impoundment to weaken Congress and empower the executive branch. Proving once again that far from being a conservative document, Project 2025 is an extremist plan to disrupt constitutional checks and balances.

Trump and his allies argue that impoundment is necessary to rein in excessive congressional spending and prevent wasteful allocations. They contend that Congress frequently passes bloated budgets with minimal oversight, leaving the executive branch responsible for ensuring fiscal responsibility. From this perspective, impoundment is not an abuse of power but a corrective measure that prevents reckless spending.

Supporters of impoundment also argue that the 1974 Congressional Budget and Impoundment Control Act (ICA) improperly restricts the president’s executive authority. They claim that the ICA infringes on Article II of the Constitution, which vests the president responsible for executing laws, including budgetary decisions. Some conservative jurists have suggested that the ICA’s restrictions on impoundment violate the separation of powers by excessively constraining the executive branch.

However, critics argue that this interpretation rewrites constitutional history. The Framers deliberately granted Congress control over federal spending, ensuring a check on executive overreach. The Constitution’s Appropriations Clause (Article I, Section 9, Clause 7) explicitly states, "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” If Trump’s approach prevails, it would nullify Congress’s ability to enforce its spending decisions.

Trump’s impoundment push closely mirrors Nixon’s aggressive attempts to control federal spending without congressional approval. Nixon’s repeated use of impoundment led to a constitutional crisis, prompting Congress to pass the 1974 ICA, which explicitly restricted a president’s ability to withhold funds.

In Train v. City of New York (1975), the Supreme Court ruled that Congress, not the President, had the ultimate authority over federal spending, effectively ending Nixon’s use of impoundment. However, Trump attempts to overturn this precedent by reviving Nixon’s approach with even greater ambition. Unlike Nixon, Trump is not acting alone; his efforts are supported by conservative think tanks like the Heritage Foundation, which, with the help of more than 100 other right-wing contributors, crafted Project 2025. Ironically, the GOP-led Congress appears willing to sideline itself in this process. Another irony is that Republicans have historically opposed the expansion of central authority at the expense of decentralized institutions.

The Supreme Court, which has a 6-3 conservative majority, will likely decide the fate of Trump's impoundment push. While the Court has historically ruled against unilateral executive spending authority, recent decisions have favored broad presidential powers in areas like immigration and administrative rulemaking. This raises a crucial question: will the Court uphold Train v. City of New York, or will it reinterpret the president’s budgetary authority?

Some justices, like Samuel Alito and Clarence Thomas, have signaled a willingness to expand executive power under Article II. If they view the ICA as an unconstitutional restriction on the presidency, they could provide the votes needed to overturn precedent. However, other conservative justices, including Chief Justice John Roberts, have shown reluctance to dismantle legislative constraints on the executive branch fully. The Court’s decision will hinge on whether it sees impoundment as a legitimate executive tool or a dangerous power grab. If it sides with the Trump administration, it will be another sign that Originalism is fine if it does not interfere with expanding the power of Republican presidents.

If Trump successfully expands impoundment powers, the effects would be immediate. Recent court actions to halt Trump’s NIH cuts could no longer occur going forward, giving the administration free rein. Federal agencies and public services could face sudden funding freezes, disrupting regulatory enforcement, social programs, and foreign aid. With Congress unable to override Trump’s impoundments without a supermajority, its budgetary authority would be effectively neutralized.

In the long run, such a shift would fundamentally alter the separation of powers. A presidency with unchecked control over federal spending could lead to a quasi-authoritarian executive, where future leaders—regardless of party—could weaponize impoundment to defund programs they oppose, even if Congress explicitly authorized them. If the Supreme Court sides with Trump, the decision could erode congressional authority for decades, redefining the power balance within the federal government.

Project 2025 extends beyond Trump’s presidency. Even after he leaves office, the precedent set by his impoundment strategy would be available for future administrations to leverage, further weakening Congress’s fiscal governance role. Ironically, this “conservative” movement aims to strengthen the executive branch at Congress's expense, permanently changing American democracy and centralizing power in the presidency. Conservatives like Ronald Reagan must be spinning in their graves.

At its core, the impoundment battle is about more than budget disputes—it is a fight over the fundamental principles of American governance. If Trump prevails, he will set a precedent to shift power away from Congress permanently. Whether the courts will curb this expansion of executive authority remains uncertain, but the outcome of this fight will shape the future of presidential power for generations to come.

Robert Cropf is a professor of political science at Saint Louis University.


Read More

Tattered American flag

Trump's "Restoring Truth and Sanity" order targets how museums and parks present slavery and racism. Why one writer says Americans should push back.

Nisian Hughes/Getty Images

Trump's Mendacious, Deceitful Rewriting of American History

History is made of two parts. One is indisputable facts and the other is the interpretation of those facts. The history of history is filled with varying interpretations of the basic facts, usually tinted by the perspective of the historian or commentator. That perspective can be the writer's political leanings, his philosophy, or any number of personal biases.

All historians, however, whether conservative or liberal, regardless of philosophy generally agree on the basic facts. For example, while there are fringe groups and individuals who deny that the Holocaust happened—that 6 millions Jews were killed by the Nazis—no reputable historian disputes that fact.

Keep ReadingShow less
​Paintings of Stalin

Paintings of Stalin on sale to tourists in Tbilisi's old quarter, Georgia

Getty Images

The Stalinization of America

In the mid-1930s in the Soviet Union, under Joseph Stalin's leadership, the NKVD (the predecessor of the KGB) drove around Moscow and other cities in trucks with the word ХЛЕБ on the side. This translates into English as “Bread,” leaving the appearance that these were bakery trucks distributing fresh bread throughout the city. The stories are well told by some of the great dissident Soviet writers of the time, like the poet Osip Mandelstam, his wife Nadezhda, and several others. Osip Mandelstam was first arrested in part for his satirical poem about Joseph Stalin entitled The Stalin Epigram.

Recently, one is drawn to recognize the parallels between the NKVD bread trucks and black SUVs filled with ICE officers, who mask their faces and offer no identification as they snatch children and adults off the street because they have melanin in their skin or speak with an accent. Like the NKVD, ICE officers shoot people without substantive explanation, detain more than 66,000 people, many without criminal records, including occasional citizens, and ship them off to undisclosed detention centers. They have also deported hundreds of thousands of people, often without notice or due process.

Keep ReadingShow less
First Amendment being torn

First Amendment text of the US Constitution ripped in half -- Freedom of Speech , Religion or Press unconstitutional concept

Getty Images

Lawsuit Says Press Access Is Essential to Democratic Accountability

When POLITICO, CNN, and MS NOW announced Monday that they were filing a federal lawsuit to restore their reporters’ access to the White House, they challenged more than the sudden and unexplained revocation of press credentials. They underscored a fundamental constitutional principle: a free press does not operate at the government's discretion.

According to their joint statement, the outlets are seeking urgent relief after the Secret Service denied their reporters entry to the White House complex on Saturday and confiscated their credentials. The action followed recent stories by these outlets examining the administration’s handling of classified documents and raising questions about transparency related to policy meetings. They wrote, “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

Keep ReadingShow less
The sky clears behind the U.S. Capitol after rainy weather

The sky clears behind the U.S. Capitol after rainy weather on Sept. 2, 2026, in Washington, D.C.

Finn Gomez / Getty Images

We Didn't Get This Angry Because Americans Changed: We Got This Angry Because Washington Did

Something unusual has happened on the opinion pages of The New York Times recently.

Three very different writers have described three seemingly different American problems.

Keep ReadingShow less