Congress makes the laws (“all legislative Powers . . . shall be vested in a Congress.”)
The president must “take Care that the Laws be faithfully executed.”
All appropriations must be authorized by Congress (No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law)
The president must “execute”—i.e., carry out—the appropriations made by Congress.
The Impoundment Control Act of 1974 prohibits the president from refusing to spend the money appropriated by Congress.
With the above firmly in mind, it is clear that Musk and Trump's “cutting” spending in various agencies violates Articles I and II of the Constitution, the Impoundment Control Act of 1974, and the founding principle of separation of powers.
The “cuts” that Musk and Trump are imposing through computer hacking relate to funds that Congress has already appropriated—and which must be “duly executed” by the president. If Musk and Trump want to effectuate future cuts to budgets, they must convince Congress to pass an appropriations bill that makes such cuts.
Congressional Republicans have sat on their hands as Musk and Trump have overridden Congress's Article I powers based on the vague excuse of “fraud,” which has never been specifically identified. Even if fraud exists, the remedy is not to override Congress’s role in the Constitution—it is to report the fraud to the DOJ for criminal prosecution and to Congress for remedial legislation.
Musk and Trump's unlawful actions go far beyond unauthorized “cuts” accomplished by computer hacking; they extend to the extinguishment of entire agencies and departments created and funded by Congress under the authority of Article I of the Constitution.
So, the “cuts” and “closures” are not merely “controversial,” or “disputed,” or “illegal.” They overthrow the constitutional order and separation of powers by claiming that the president exercises the authority granted to Congress in Article I of the Constitution.
That is a coup. There is no other word for it.
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