Comment by ModernMech
7 days ago
> If you disagree with my view on this, perhaps you'll be persuaded
At this point I feel like anyone who disagrees with this should explain how things work in the alternative. If the executive can just unilaterally declare laws invalid, how does anything get done? Why pass laws at all?
The executive doesn't have to declare a law invalid here. From where I sit the question is whether a budget approved by congress must be spent or should be considered a "do not exceed" spending cap.
There is gray area when Congress says we need a department to manage our education system, for example, and sets a budget. Congress is only approving the spending there, at least to me that means it can be spent but doesn't have to be spent in full.
Now it is the executive branch's job to execute on that department. I think it would be a stretch for them to just not create the department. Their job is to properly and effectively implement what congress asked for though, and it is reasonable for someone coming in to say that what was done in the past isn't meeting Congress's request.
That isn't to say Trump is making a legitimate or reasoned argument in that vein, but the power is there at which point you have a weird legal battle attempting to decide who can make a better case for the success of any specific department. With congress defining little to no metrics for success that battle seems largely to be in the eye of the beholder.
"From where I sit the question is whether a budget approved by congress must be spent or should be considered a "do not exceed" spending cap. There is gray area when Congress says we need a department to manage our education system, for example, and sets a budget. Congress is only approving the spending there, at least to me that means it can be spent but doesn't have to be spent in full."
You are welcome to imagine an alternate legal system from first principles, but please do not present it as U.S. law. The question of whether president has to "[spend] in full" has been settled by legislation and litigation.
https://en.wikipedia.org/wiki/Congressional_Budget_and_Impou...
Keep going. If the executive doesn't have to spend all the money, why do they have to spend any of the money at all?
> Their job is to properly and effectively implement what congress asked for though
No it is not. Their job as laid out in the Constitution is to faithfully implement the laws. Not "properly and effectively", where what's proper and effective are determined by them. "Faithfully" is the word used in the Constitution.
They are to implement the laws for Congress, and if the executive finds those laws sloppy and wasteful and not proper, he doesn't get to just not do them. Again, I ask you, why pass laws at all if the executive can just decide to not do them?
> but the power is there at which point you have a weird legal battle attempting to decide who can make a better case for the success of any specific department
There is no battle -- it's there in a plain reading of the Constitution, and the impoundment act of 1974 makes explicit. And even what you say is true, there should be more of a process for the Executive branch to do these things; because the power is so broad, in the spirit of checks and balances they should be conferring with the Congress rather than asserting blanket and unchecked authority.
> No it is not. Their job as laid out in the Constitution is to faithfully implement the laws.
Sure, we can debate semantics here if you want. I'm fine swapping in "faithfully execute" into my prior comment though, that's basically what I meant without going word for word constitutional.
My point remains though. "Faithful execution" is in the eye of the beholder and is up for debate. One person may see the Department of Education as faithfully executing the congressional mandate while another could see it as poorly run, inefficient, or point to our education level relative to other countries. Both would have good arguments to make.
Further, I don't read Congress's power to approve the budget as part of the mandate for a department. Congress isn't saying "spend XX billion and build an education department," they're saying "build an education department and don't spend more than XX."
That can surely be debated in a legal context, but I think you would be hard pressed to find many average people that would read a budget as a "spend every penny" mandate. Many corporations operate this way, and while in my experience people will spend their full budget to avoid a decrease next year they are also well aware of the absurdity of that.
The impoundment law itself was/is controversial and this will surely be challenged in court on those grounds. The question still remains, though, whether any miscarriage of the law us found in departments being shut down. Its too early, mainly because they at least appear to be acting rashly, but that doesn't mean these departments have been faithfully executing to date.
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