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by dragonwriter 484 days ago
> Note that this law was created specifically because Nixon had gotten into the habit of not spending money as apportioned by Congress if he didn't like the specific programs. So, Congress made laws to specifically not allow Presidents to do this on a whim.

This is a little bit misleading, By the time the Impoundment Control Act was passed, the Nixon Administration had been hit by a flurry of lawsuits on impoundment, lost most of them at the trial level, and given up immediately and released the funds at issue in those cases. (There was one case they continued fighting up to the Supreme Court and lost 9-0 after the ICA passed, but not based on the ICA, just pre-existing law; there was also Supreme Court precedent going back to the 19th Century with the same conclusion -- the President has no authority to impound funds Congress has directed must be spent.)

The ICA was basically an olive branch -- it provides a method in law for the President to temporarily hold appropriated funds and request recission, specifying that the funds had to be released if, in 45 session days, Congress didn't affirmatively act on the recission request; this was an effort to provide a mechanism to address the problems that the unambiguously illegal attempts at impoundment were notionally motivated by. It wasn't to prohibit impoundment -- the existing laws directing expending funds already did that inherently.