Donald Trump will need congressional approval if he wants to abolish federal agencies, a legal analyst has told Newsweek.
Why It Matters
Trump has vowed to demolish large parts of the federal government, from the Department of Education to the aid agency, USAID. If Congress approves his plans, it could bring radical change to many areas of American life.
What to Know
A former federal prosecutor has told Newsweek only Congress can abolish or defund government agencies.
Neama Rahmani, now president of the West Coast Trial Lawyers law firm in California, said that all of Trump's plans will be tested in the courts.
"We're in uncharted legal waters and the Supreme Court may ultimately have to weigh in, but there are several issues at play here," he said.
"The president can't simply refuse to spend monies lawfully appropriated by Congress. That would be a violation of the Impoundment Control Act as well as an infringement upon the congressional power of the purse."
The website of the federal Government Accountability Office (GOA) explains that the Impoundment Control Act of 1974 "created the procedural means by which the Congress considers and reviews executive branch withholdings of budget authority." In other words, it gives Congress control of a president's withholdings from the federal budget.
If Congress wants to demolish federal agencies, he will need Congress to do so.
"Republicans control both the House and the Senate, so Congress could simply cut funding for or even abolish these agencies," Rahmani said.
What People Are Saying
Some Republican Congress members have said that they will support Trump's plans.
Senate Judiciary Committee member John Kennedy told Fox News on February 3: "To my friends who are upset, I would say, with respect, call somebody who cares. They better get used to this. It's USAID today; it's going to be the Department of Education tomorrow."
Congressman Tom Cole, the Republican chairman of the House Appropriations Committee, told the Associated Press on February 8 that Democrats will have to accept a tougher budget now that Trump is in power. He said that a previous deal no longer applies as Republicans are looking for budget cuts in the Trump era.
"We have to remember the deal they are trying to enforce is when we had a Democratic president and a Democratic Senate. We don't have those anymore," Cole said. "And in particular, the president doesn't feel bound by an agreement made by another president that didn't go down on his watch."
Cole added that "there's only one signature that matters right now and it's not Joe Biden's anymore."
What Happens Next
Attorneys general from Democratic states and trade unions representing federal employees have challenged Trump's plans in the federal courts.
On February 8, a New York federal judge put a temporary restraining order on the Treasury Department's attempts to hand over information about millions of Americans to Trump's cost-cutting Department of Government Efficiency, a victory for the 19 state attorneys general who took on the case.
It is likely that Trump's budget-cutting plans will have Congressional approval, but they might still face legal difficulties in the federal courts.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more