Recommended Citation
Zach Price, Trumpian Impoundments in Historical Perspective, 78 Stanford L. Rev. Online 19 (2025).
Publication Date
2025
Abstract
During the election campaign and the first 100 days of his second term, President Donald Trump and key figures in his administration took actions and made statements suggesting that they believe the President holds a constitutional power to "impound," or decline to spend, appropriated funds. They also suggested that they believe the executive branch is better suited than Congress to represent the common good in federal spending. Although both these arguments have historical antecedents, both are deeply flawed, and courts should reject them in an appropriate case. Rather than continue its trajectory toward executive governance, the United States should adhere to the formal constitutional framework, including its requirement of productive negotiation between Congress and the presidency over spending and other policy questions.
Document Type
Article