Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The Power of the Purse Belongs to Congress, Not the President

Opinion

The Power of the Purse Belongs to Congress, Not the President
white concrete dome museum

Money is power. In our system of government, that power was intended to rest squarely with Congress. Yet in recent years, we’ve seen presidents of both parties find ways to sidestep Congress’s “power of the purse” authority, steadily chipping away at their Article I powers and turning appropriations into suggestions rather than binding law.

As someone who served in the House of Representatives — and in its leadership — I saw firsthand how seriously members of both parties took this duty. Regardless of ideology, we understood that Congress’s control of the purse is not just a budgetary function but a core constitutional responsibility.


The Constitution entrusts spending decisions to Congress because they are about more than dollars and budgets – they reflect the priorities and the will of the people who elected their representatives to make those choices on their behalf. But what was designed to be one of the legislature’s strongest checks on executive power has been weakened by clever workarounds, bureaucratic delays, and outright defiance of congressional intent. The result is an executive branch that increasingly decides, on its own terms, whether duly appropriated funds will ever reach the people and programs they were meant to serve.

Congress attempted to address this issue in 1974 with the Impoundment Control Act, which was passed following President Nixon's unilateral withholding of billions of dollars that lawmakers had already approved. The law was intended to prevent presidents from simply refusing to spend appropriated funds. But modern administrations have found ways around it. “Programmatic deferrals,” apportionment holds through the Office of Management and Budget (OMB), and timing maneuvers near the end of the fiscal year have allowed funds to expire before they can be used. These tactics effectively nullify Congress’s spending power.

This erosion undermines democratic accountability. When presidents can eliminate programs by deciding to starve them of funds, voters and Congress are excluded from the process. It threatens the system of checks and balances at the heart of our republic. If the executive can unilaterally control both the execution and timing of appropriations, Congress is reduced to little more than a bystander in one of its most vital constitutional roles.

A majority of Americans don’t want to see presidents unilaterally withholding or blocking funds that Congress has enacted into law. A recent poll conducted by Issue One and YouGov found that 61 percent of voters oppose this kind of executive overreach, and 68 percent believe that congressional spending power is a constitutional feature that strengthens our government.

Congress should listen to the people and restore balance.

Strengthening the Impoundment Control Act is one place to start. Reforms, like the ones laid out in Issue One’s We the People Playbook, should ensure that appropriated funds are released in time to be used as intended, close loopholes that allow for stealth impoundments, and improve transparency when spending is delayed.

Lawmakers should also bolster enforcement mechanisms, such as expediting the Government Accountability Office’s (GAO) ability to sue agencies over suspected violations of appropriations law, and prevent the abuse of presidential rescission authority by shortening the time window for rescission proposals, so that presidents cannot run out the clock on appropriated funds without congressional action.

These reforms shouldn’t be partisan. James Madison warned that “the power over the purse may… be regarded as the most complete and effectual weapon” members of Congress have against encroachments by the executive. If Congress fails to defend that weapon, it risks surrendering one of the most important tools protecting our republic from creeping executive control.

Our Founders never intended for one person to decide how our nation’s money is spent. That responsibility belongs to the many. It’s time for Congress to reclaim its rightful authority over the purse – not only to restore accountability, but to preserve the balance of power enshrined in our Constitution.

Dick Gephardt was Democratic House Majority Leader from 1989-1995. He serves on Issue One’s board and is a member of their ReFormers Caucus, the largest bipartisan coalition of its kind ever assembled to advocate for sweeping reforms to fix our broken political system.

Read More

Tourists gather at Mather Point on the South Rim of the Grand Canyon, enjoying panoramic views of the iconic natural wonder

National Park Service budget cuts are reshaping America’s public lands through underfunding and neglect. Explore how declining park staffing, deferred maintenance, and political inaction threaten national parks, local economies, and public trust in government.

Getty Images, miroslav_1

They Won’t Close the Parks. They’ll Just Let Them Fail.

This summer, before dawn, the Liu family from Buffalo will load up their SUV, coffee in hand, bound for a long-planned trip out west. The Grand Canyon has been on their list for years, something to do before the kids get too old and schedules get too tight. They expect crowds. They expect long lines at the entrance. That is part of the deal. In recent years, national parks have drawn more than 325 million visits annually, near record highs.

What they do not expect are shuttered visitor centers and closed trails, not because of weather but because there are not enough staff to maintain them. What they do not see is the budget decision in Washington that made those trade-offs, quietly, indirectly, and without much debate.

Keep ReadingShow less
The Puncher’s Illusion: Winning the First Round and Losing the War
Toy soldiers in a battle formation
Photo by Saifee Art on Unsplash

The Puncher’s Illusion: Winning the First Round and Losing the War

In the Rumble in the Jungle, George Foreman came in expecting to end the fight early.

At first, it looked that way. He was stronger, faster, and landing clean punches. I watched the 1974 championship on simulcast fifty-two years ago and remember how dominant he was in the opening rounds.

Keep ReadingShow less
Calling Wealthy Benefactors!
A rusty house figure stands over a city.
Photo by Katja Ano on Unsplash

Calling Wealthy Benefactors!

My housing has been conditional on circumstances beyond my control, and the time is up; the owner is selling.

Securing affordable housing is a stressor for much of the working class. According to recent data, nearly 50% of renters are cost-burdened, meaning they spend over 30% of their take-home income on housing costs. Rental prices in California are especially high, 35% higher than the national average. Renting is routinely insecure. The lords of land need to renovate, their kids need to move in. They need to sell.

Keep ReadingShow less
An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

Keep ReadingShow less