How Trump gets away with not spending Congress approved funds

Dace Potas,  USA Today, February 2025 --  For those unfamiliar with the U.S. budget process, Congress has the power of the purse, meaning lawmakers get to decide how much is spent and on what. The president’s responsibility is to facilitate that spending and ensure funding reaches its intended destination.  You may ask, “What if the president simply chooses not to spend money on purposes he dislikes?” 

This practice, referred to as impoundment, may be unconstitutional and has been addressed by legislation. The Impoundment Control Act (ICA) requires the president to notify Congress of a proposed withholding of funds for 45 days, and Congress must affirm the impoundment if funds are to be withheld. 

However, an important caveat is that the act does not obligate Congress to provide any feedback at all. If Congress simply ignores the impoundment request, the funds must be released after 45 days regardless. Presidential impoundment under the ICA, therefore, functions more as a recommendation to Congress.

Prior to becoming president for a second term, Trump hinted that his administration would have a hostile stance toward the ICA, and his actions thus far indicate that they are attempting to get a case addressing it to the Supreme Court. 

Congress should be voting on these presidential impoundments in a timely manner, as the process is intended to function. However, lawmakers have no incentive to do so. For the GOP-controlled Congress, this system is working in its favor, and Republicans can allow Trump to stall funding for 45 days at a time.

However, funds being withheld for 45 days with no congressional action can cause problems for agencies that rely on appropriations. Some experts have suggested that Congress should amend the ICA to require lawmakers to vote one way or the other on presidential impoundments, but legislators typically aren't too keen on creating more work for themselves....

Per usual, the likely outcome is that the Supreme Court will be tasked with sorting out the mess between Congress and the executive. So Trump can insist that he has the power to withhold funds as long as Congress continues to do nothing.