Trump signs memo claiming power to do things he has no constitutional authority to do
By Classic “the subhed is fine, the headline is not”:
President Trump on Wednesday signed a memorandum significantly expanding his administration’s authority to repurpose unspent federal funds to pay members of the military during the government shutdown, escalating his challenge to the authority of Congress on spending matters.
Mr. Trump’s memorandum gives Pete Hegseth, the defense secretary, wide authority to repurpose funds, even though no such permission has been granted by Congress.
It states that Mr. Hegseth, in coordination with the White House budget office, should use “any funds appropriated by the Congress that remain available for expenditure in fiscal year 2026 to accomplish the scheduled disbursement of military pay.” It says such funds should have “a reasonable, logical relationship to the pay and allowances of military personnel, consistent with applicable law.”
Some Democrats have balked at the way Mr. Trump has repurposed money during the shutdown, arguing that his actions are most likely illegal and undercut Congress’s constitutional power.
1)This is daring the Supreme Court to allow the administration to obliterate Article I, and it’s entirely rational for them to think that this will work.
2)There are no circumstances under which Senate Dems can agree to a spending bill when Republicans in all three branches are claiming that Congress no longer has the appropriations power unambiguously given to it in the Constitution, not least because any such agreement is ipso facto worthless.