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

Collage.
Collage by Alex Bandoni/ProPublica. Source images: Bloomberg/Getty Images, Firearm Transaction Record Form via U.S. Department of Justice and Alec MacGillis/ProPublica.

“No One Is Watching”: How Trump Reversed Biden’s Crackdown on Gun Trafficking

Marianna Mitchem grew up in the Denver suburbs, where she played high school soccer. One day in April 1999, her team faced off against a nearby rival, Columbine High. The next day, two teenagers went on a shooting rampage at Columbine, killing more than a dozen people.

The massacre left an imprint on Mitchem. After graduating from Providence College, she joined the Bureau of Alcohol, Tobacco, Firearms and Explosives. “Fearing for my friends and watching what was happening — you don’t forget things like that,” she told me. “I wanted to make a difference.”

Keep ReadingShow less
Mutual Surveillance?: The History and Consequences of the Treaty on Open Skies

American flag on a military uniform

adamkaz/Getty Images

Mutual Surveillance?: The History and Consequences of the Treaty on Open Skies

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

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

This week's congressional agenda includes anti-fraud legislation, ICE funding, FISA Section 702 renewal debates, and major committee hearings.

Richard Sharrocks / Getty Images

Fraud, Funding, and FISA

Fraud

This week in the House is Fraud Week based on the large number of bills likely to receive a vote that in some way are intended to decrease or eliminate many different kinds of fraud. Example bills up for a vote include:

Funding

One bill will likely become law this week if it passes the House:

Keep ReadingShow less
Anti-gerrymandering sign

Florida's new congressional map, the Supreme Court's Callais decision, and challenges to voting rights protections raise urgent questions about redistricting, representation, and democratic accountability.

Bill Clark/Getty Images

Florida’s New Map and the Shrinking Window for Accountability

When the Lines Began Moving Faster Than the Law

On May 4, Governor Ron DeSantis signed Florida’s new congressional map into law. The Legislature had passed it five days earlier, 83 to 28 in the House and 21 to 17 in the Senate. The map redraws four districts in ways that election analysts project would shift them from competitive or Democratic-leaning to safe Republican, potentially expanding a delegation Republicans already control 20 to 8.

The same day the Legislature voted, the Supreme Court decided Louisiana v. Callais. The Court ruled 6 to 3 that Louisiana’s majority-minority district could not survive Equal Protection scrutiny under the standards applied by the majority. In her dissent, Justice Elena Kagan wrote that the ruling “renders Section 2 all but a dead letter” in redistricting.

Keep ReadingShow less