The Lawfare Podcast Lawfare Daily: The President, Congress, and the Power of the Purse
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Apr 29, 2025 Matt Lawrence, an Associate Professor of Law at Emory, Eloise Pasachoff from Georgetown, and Zach Price from UC Law San Francisco delve into the concept of 'Appropriations Presidentialism.' They discuss how the executive branch seeks to control federal fund allocation, examining historical tensions between Congress and the presidency. The trio also highlights the unique spending tactics of the Trump administration, the intricacies of legal challenges in federal spending, and the evolving balance of power in legislative oversight.
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De facto Stability, De jure Fragility
- The annual appropriations process is de facto stable but de jure fragile.
- On paper, Congress can change spending yearly, but in practice, budgets show yearly continuity.
Executive Overreach Escalates
- Executive overreach on congressional appropriations is historical but has escalated recently.
- The Trump administration notably expanded impoundments and unilateral spending control.
Presidential Spending Power Examples
- Examples include Trump pausing Ukraine aid and shifting border wall funds unlawfully.
- Biden paused wall funding early on and expanded loan forgiveness beyond congressional limits.