In many ways, Trump is pursuing by force what Republicans have long promised but have been unable to deliver by congressional action: shrinking the size and scope of the federal government. Anti-tax crusader Grover Norquist quipped more than a decade ago about the goal of making government small enough to drown in a bathtub.
But facing pushback from within their ranks about cutting programs Americans rely upon, Republicans have repeatedly failed to accomplish their budget-slashing goals even when they fully control Congress and the White House, as they do now.
While Congress has the power to pass legislation to fund government operations, the president can veto bills or sign them into law. Instead, Trump is testing an idea championed by his nominee for budget director, Russ Vought, that the executive has the ability to “impound” federal funds, clawing the money back.
Republican Sen. Kevin Cramer of North Dakota said DOGE provides “cover” for some Republicans who want to cut federal funds, when Congress has failed to do so.
And other Republicans say they are comfortable with Trump’s pause of certain federal operations, particularly the U.S. Agency for International Development, which sends aid around the world. Closing the Department of Education is next on deck.
“We’ve got oversight,” said Republican Sen. Thom Tillis of North Carolina. “If he goes too far, I’ll be the first person to step up.”
Taken together the actions of the administration and DOGE have been swift, relentless and wide open to debate.
Trump’s Office of Management and Budget’s move to abruptly freeze federal grants and loans drew outrage nationwide as states and nonprofit organizations feared being locked out of funds they need to provide housing, health care and other services. A day later, the White House reversed course.
The shutdown of funds to USAID is largely seen as a test case for the Impoundment Control Act, which Vought has discussed using as a way to roll back congressionally approved funding. Vought’s nomination is on track for Senate confirmation this week, despite all Senate Democrats saying they will oppose him.
And DOGE dipped into the inner-workings of the Treasury Department to access its payment system — and the private information of millions of Americans — in what is widely viewed as a way for the White House to eventually stop federal funds to various entities.
On Monday, U.S. District Judge Loren L. AliKhan said the administration’s actions with the federal funding “potentially run roughshod over a ‘bulwark of the Constitution’ by interfering with Congress’s appropriation of federal funds.”
“Defendants’ actions appear to suffer from infirmities of a constitutional magnitude,” she wrote, extending an order issued last week that had paused OMB’s sweeping funding freeze. “The appropriation of the government’s resources is reserved for Congress, not the Executive Branch. And a wealth of legal authority supports this fundamental separation of powers.”
Sen. Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee, said what gives her pause now is how Congress moves forward with legislation to fund the government by the upcoming March 14 deadline.
“What if we do all that and come to an agreement … vote it in — and this administration says, ‘That’s bunk. We don’t have to go by that,’” she said. “So the level of trust is at the lowest I have ever seen it here.”
Asked if the administration could do what it’s doing, Johnson, the speaker, insisted, “There will be an appropriate action for Congress to take, but we haven’t yet sorted out what’s happening with it.”
Pressed if Trump had the authority to shut agencies, he said: “I don’t have all the answers.”
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Associated Press writer Kevin Freking and videojournalist Mike Pesoli contributed to this report.