On Friday, the Supreme Court handed down an order that could completely upend the balance of power between Congress and President Donald Trump. The order effectively permits Trump to cancel $4 billion in foreign aid spending that he is required to spend under an act of Congress.
Trump claims the power to “impound” funds, meaning that he will not spend money that has been appropriated by Congress. Until Trump’s second election, legal experts across the political spectrum agreed that impoundment is unconstitutional. Indeed, many doubted whether someone can even make an argument supporting impoundment. As future Chief Justice William Rehnquist wrote in a 1969 Justice Department memo, “it is in our view extremely difficult to formulate a constitutional theory to justify a refusal by the Presi