Congress Must Reclaim Constitutional Powers

President Trump recently canceled $810 million of congressionally approved spending, challenging Congress’s control over financial decisions. This action adds to a series of attempts by Trump to limit Congress’s constitutional authorities. From funding freezes to unauthorized wars, these moves pose a significant threat to congressional power.

The Government Accountability Office has opposed the spending cancellation, with growing frustration among lawmakers from both parties. They are considering adjustments in future spending legislation to prevent such occurrences. However, more decisive actions are necessary to restore Congress’s authority.

Congress should utilize its historical experience to counteract executive overreach in terms of budget control and warfare. The Founding Fathers intended Congress to wield the power of the purse, controlling how taxpayer money is spent. While disputes between presidents and Congress over funding are not new, Trump’s actions are removing the existing constraints.

This situation mirrors the actions of President Richard Nixon in the 1970s when he withheld billions of dollars in approved spending. Congress responded with the Impoundment Control Act, reinforcing its fiscal authority by mandating presidential compliance in most budgeting matters. Despite this, presidents have exploited legal ambiguities to justify financial delays.

During Trump’s second term, this strategy has intensified. The administration has reduced funding for independent agencies and withheld large sums for foreign aid and other purposes. Courts have sometimes intervened to enforce congressional budget decisions. Nevertheless, Congress should proactively ensure presidential adherence to constitutional limits.

Key measures could include revising the Impoundment Control Act to clarify its provisions and prevent misuse. Enhancing oversight functions is crucial to ensure funds are used correctly. Additionally, Congress should regulate presidential use of private donations for public projects, which bypass standard appropriation processes.

In terms of military authority, Congress must reclaim its constitutional rights. The Constitution grants Congress, not the president, the power to declare war and manage military forces. Following the Vietnam War, the War Powers Resolution reaffirmed congressional authority, stipulating that military action requires congressional approval unless there’s a national emergency.

While the War Powers Resolution limited some past military actions, it has inadequately contained unauthorized conflicts. Recent administrations, including Trump’s, have undertaken military operations in countries like Iran and Venezuela without congressional consent.

It took considerable time for Congress to address the Iran conflict, and unresolved challenges persist. Congress should strengthen the War Powers Resolution by reducing the authorization period, defining important terms, and including judicial review to rectify misinterpretations and curb executive overreach.

Fifty years ago, Congress passed the Impoundment Control Act and War Powers Resolution to counteract the presidential overreach of that era. According to Rep. Elizabeth Holtzman, who was a congressional member in the 1970s, Congress had reached a breaking point with Nixon’s power grabs. The current situation demands a similar response to a president dismissing the separation of powers.

Congress must reestablish its constitutional powers over budgetary and military matters. This will enable it to effectively represent the American people, ensuring government accountability and balance.

Maya Kornberg is a senior research fellow at the Brennan Center for Justice at NYU Law and author of “Stuck: How Money, Media, and Violence Prevent Change in Congress.”