- Apr 14, 2003
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The Trump Administration is impounding funds voted by Congress, to the point of shutting down entire agencies without Congressional approval. Is there any precedent for this?
For much of American history, Presidents occasionally choose not to spend available funds. Then Richard Nixon started making massive and controversial use of the impoundment power. In response, Congress passed the Impoundment Control Act of 1974. The Act provides that any order by the executive branch to impound funds must be approved by both Houses of Congress within forty-five days. If Congress doesn’t approve or hold a vote, the impoundment order is void. The Supreme Court has upheld the Impoundment Control Act.
Voices in the media say that we are heading for a constitutional crisis. I think we are already in one. What happens when the executive branch collides with the courts?
I doubt if Donald Trump knows any Florida history, but try this. In 1970, desegregation of the public schools was still an issue at times. In Manatee County, Florida, a Federal Judge ordered the School District to desegregate. Claude Kirk, Governor of Florida, was determined to fight the order. Realizing that there was no way to fight the Federal Courts, the School Board and Superintendent planned to comply. Governor Kirk suspended the Superintendent and the School Board and appointed himself Superintendent. This put Kirk in position to defy the Court order.
Judge Krentzman first summoned Governor Kirk, among others, to appear in Court. Kirk didn’t show up. At this point, the Judge held Kirk in contempt of court and fined him $10,000 a day until he stopped interfering. Kirk backed down, and history has not been kind to him.
Will Donald Trump get the same treatment from the courts that Claude Kirk received? Or will Donald Trump receive special privilege?
For much of American history, Presidents occasionally choose not to spend available funds. Then Richard Nixon started making massive and controversial use of the impoundment power. In response, Congress passed the Impoundment Control Act of 1974. The Act provides that any order by the executive branch to impound funds must be approved by both Houses of Congress within forty-five days. If Congress doesn’t approve or hold a vote, the impoundment order is void. The Supreme Court has upheld the Impoundment Control Act.
Voices in the media say that we are heading for a constitutional crisis. I think we are already in one. What happens when the executive branch collides with the courts?
I doubt if Donald Trump knows any Florida history, but try this. In 1970, desegregation of the public schools was still an issue at times. In Manatee County, Florida, a Federal Judge ordered the School District to desegregate. Claude Kirk, Governor of Florida, was determined to fight the order. Realizing that there was no way to fight the Federal Courts, the School Board and Superintendent planned to comply. Governor Kirk suspended the Superintendent and the School Board and appointed himself Superintendent. This put Kirk in position to defy the Court order.
Judge Krentzman first summoned Governor Kirk, among others, to appear in Court. Kirk didn’t show up. At this point, the Judge held Kirk in contempt of court and fined him $10,000 a day until he stopped interfering. Kirk backed down, and history has not been kind to him.
Will Donald Trump get the same treatment from the courts that Claude Kirk received? Or will Donald Trump receive special privilege?