Chip Somodevilla/Getty Images

On day seven of Donald Trump’s new presidency, his administration issued an order of possibly unrivaled lawlessness via a two-page memo directing a broad pause in billions of spending authorized by Congress. The order conflicts with the most basic premise of American government, that each branch has its own role: Congress controls the purse, and the president must faithfully execute the laws. But the new administration seeks a despotic revamp to this 236-year tradition: Congress suggests spending, and then the president does whatever he wants.

“It’s not just unconstitutional, it’s anti-constitutional. It’s striking at the very foundation of…our governing system.”

Unless halted by the courts, the impact of the memo will be cruel and immediate, harming the poorest Americans who rely on federal assistance, states and cities who will lose billions in grants, and nonprofits and businesses will have to layoff staff or shutter when their main funding streams instantly run dry. 

“It’s wildly illegal,” says Josh Chafetz, a constitutional law expert at Georgetown Law. “If Congress passes a law saying you must spend X dollars on Y project, then that’s not discretionary. The President has to do that.”

This isn’t the first time a president has asserted broad powers over spending, but it is the most blatant. President Richard Nixon, known for his own expansive views of executive authority, did not always follow the basic constitutional framework around appropriations. This led Congress to reassert itself through the Impoundment Control Act of 1974. The ICA specified only limited circumstances under which the president could delay spending funds appropriated by........

© Mother Jones