Once in awhile Americans need to be reminded how government operates (at least according to the Constitution, that document that so many congresspeople like to claim they carry with them wherever they go).  The Constitution vests certain authorities to Congress (powers to tax, appropriate money, pass laws), subject to approval by the President (or through override of a veto).  These laws, once passed and enacted, cannot be ignored once a new Congress or President is elected. Unless the law contains an expiration date (as appropriations often do), the laws remain in place until Congress choses to change the law and the President agrees.  Simple construct, which would seem simple to understand except for when a four year old sticks their fingers in their ears and starts yelling “I can’t hear you” – yes, we now have an Executive Branch filled with preschoolers, led by the Preschooler in Chief (PIC).

When laws are passed that create agencies that are supposed to execute other laws of the United States, only Congress can change that.  The USAID was established by Executive Order in 1961 to implement the Foreign Assistance Act and was further codified as an independent establishment by Congress in 1998 (it says so on its website which the current administration took down and was archived by Google (nothing is ever gone on the internet) and this very helpful article on the Trump Administration’s illegal and unconstitutional acts by ProPublica).  The Department of Education was established in 1979 by Congress (it says so on the Department of Education’s website – that one hasn’t been taken down yet).  I can go on about a number of other entities that the PIC has indicated that should be eliminated – FEMA, Veteran’s Administration, CFPB, National Institutes of Health (NIH) – established by law with particular authority and responsibilities.  And Congress passed its last Continuing Resolution on December 20th, 2024 – by a vote of 366-34 in the House and 85-11 in the Senate – funding all of these Executive Branch entities through March 14th (and some beyond that time).

Now appropriations are not optional endeavors – when the money is approved for spending it is to be spent.  Aside from the Supreme Court weighing in on this topic during the Nixon Administration (Train vs. City of New York), Congress enacted the Impoundment Control Act of 1974 to severely limit the ability of the Executive to impound or delay funding without Congressional approval.  And when coupled with the Anti Deficiency Act (from the 19th century), the Executive branch can neither spend funds without an appropriation or fail to spend monies once appropriated.  Here’s a great reference on the topic.  

Given all of this background, it would seem that money appropriated cannot be used for nothing.  But you wouldn’t think that from the recent proposals from the Trump Administration.  An incredibly generous severance plan was illegally offered (as no appropriation was made) to any federal employee who would resign by end of day February 7th – with nearly 8 months of paid leave.  That’s right – a guarantee of pay for no work.  It’s the Dire Straits dream come true (without the chicks for free).  A particularly great deal for workers who were about to retire anyways or anyone already on a performance improvement plan.  The number of people taking up the offer (about 65,000) is well within the number who might be leaving anyways within a given year – a great use of taxpayer dollars.  I’m equally certain that the folks who find their IRS refunds delayed, poor service from the SBA, veteran’s service calls on hold for hours on end, etc. will wonder whether this willy-nilly boondoggle of severance payments was a great idea.

But the ultimate example of money for nothing has to go to Congress.  After taking such great efforts to pass laws and appropriation bills, when they find their Constitutionally granted authority usurped or completely ignored by the Executive Branch, they sit on their hands and do nothing about it.  The Republicans are either happy about it or afraid to say anything.  The Democrats scream “travesty” but can’t manage to use their standing to go to federal court to stop it.  Fortunately a myriad of other parties have done so (federal employee unions, state attorney generals, individual federal employees, activist groups). But the one group of folks who have the most standing in a federal court – members of Congress – continue to do nothing to retain their Constitutional powers.  Other than collect their salaries – money for nothing! 

And the national disgrace continues…