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by Tostino 492 days ago
The power of the purse was deliberately placed with Congress in Article I, Section 9, Clause 7: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." This isn't about liking or disliking powers, it's about maintaining the constitutional balance that protects everyone's rights. Article II Section 1 establishes the presidency and electoral process, but the Take Care Clause in Section 3 actually requires the President to faithfully execute Congress's laws. This separation of powers exists specifically to prevent any branch from exercising unchecked authority over public funds. Changing funding requires congressional action because that's a core protection built into our system. It's not an obstacle to be worked around, it's a fundamental safeguard of our constitutional republic.
1 comments

> "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law."

Yes that's true ...and totally irrelevant.

Trump is NOT drawing money from the treasury. He is performing the executive function - specifically in this case finding fraud.

This exact issue was settled after Nixon tried blocking environmental funds. The Supreme Court ruled in Train v. City of New York (1975) that the executive branch cannot refuse to spend appropriated money. Congress then passed the Impoundment Control Act to make it crystal clear. The president must execute spending as directed by law. Creating new positions to block these payments is just impoundment with extra steps.