Example Image
Civitas Outlook
Topic
Constitutionalism
Published on
Feb 7, 2025
Contributors
John Yoo
"View of the Oval Office, 2017." Photo by Shealah Craighead, Public domain, via Wikimedia Commons.

Trump Has Launched a Necessary Fight Over the President’s Spending Discretion

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
Summary
Whether he realizes it or not, President Trump could help restore the system the Founders envisioned.
Summary
Whether he realizes it or not, President Trump could help restore the system the Founders envisioned.

President Trump’s attempted freeze on discretionary federal spending has run into a buzz saw of condemnation in Washington. As with several of Trump’s initiatives, opponents claimed that he had violated the Constitution and threatened the American system of government. They even convinced a federal judge in Washington, D.C., to temporarily block the order. But what critics, and perhaps even Trump, may not understand is the greater significance of this fight: it represents an effort to free the presidency of the Watergate “reforms” that have long handicapped it.

In the disputed order, the White House directed federal agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance” and “identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements.” After the federal court injunction, White House officials backpedaled, at first conceding that they had rescinded the freeze but then claiming that it remained in effect.

Trump’s other moves have received the same treatment. His blizzard of executive orders has sparked cries that he is expanding presidential power beyond its constitutional limits. A federal district judge last week blocked Trump’s order reversing birthright citizenship as “blatantly unconstitutional.” After he removed 17 inspectors general, the New York Times editorial board declared that “many of Mr. Trump’s first assertions of executive power blatantly exceed what is legally granted.” When Trump ended federal diversity, equity, and inclusion programs, government employees and grantees filed suit on the ground that the White House was violating their free speech rights and infringing on Congress’s power of the purse. “In the United States, there is no king,” the lawsuit claims.

Continue reading at National Review

00
1x
10:13
More articles

A Battle for the Rule of Law

Constitutionalism
Apr 18, 2025

Can We Replay McKinley-ism?

Politics
Apr 18, 2025
View all

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Constitutionalism

Rational Nondelegation

The nondelegation doctrine, which forbids Congress from transferring excessive power to the executive branch, has risen from the dead.

John Yoo
Constitutionalism
Feb 27, 2025
What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz reviews a new book about the Establishment Clause.

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024
No items found.
Burnham’s Counterrevolution

Richard Reinsch reviews David T. Byrne's new biography of James Burnham.

Richard M. Reinsch II
Constitutionalism
Mar 28, 2025
How Not to Run the World

John Yoo examines Straussian approaches to foreign policy.

John Yoo
Constitutionalism
Mar 23, 2025
Trump’s Risky Reliance on the Alien Enemies Act

A symbolic show of resolve on illegal immigration could hamper Trump’s effort to revive the Monroe Doctrine.

John Yoo, Robert Delahunty
Constitutionalism
Mar 21, 2025
Trump’s Worthy Effort to Rein In ‘Independent’ Agencies

The Trump administration is making a bold and principled attempt to restore these wayward bodies to the control of the executive branch.

John Yoo & Robert Delahunty
Constitutionalism
Mar 3, 2025

Yuval Levin on How the Constitution Unified our Nation – and Could Again

Constitutionalism
Mar 27, 2025
1:05

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism
Mar 11, 2025
1:05

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
1:05

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
1:05

John Yoo: President Trump Is Trying to Restore Energy to the Executive

Constitutionalism
Feb 19, 2025
1:05
No items found.
No items found.
A Battle for the Rule of Law

The colonists were concerned by the specter of political power breaking out of the established, agreed-upon structure of constitutional authority that they had always lived under.

John Grove
Constitutionalism
Apr 18, 2025
Could "Liberation" Take Us Back to Congress?

Congress can and must reclaim its constitutional authority over trade.

Philip Wallach
Constitutionalism
Apr 17, 2025
Are Trump’s Tariffs Legal?

Do Trump’s orders identify an “unusual and extraordinary threat” of foreign origin to “the national security, foreign policy, or economy of the United States”?

Robert Delahunty
Constitutionalism
Apr 16, 2025
Emergency Powers and Constitutional Foundations

If Trump continues to rely on emergency powers to justify tariffs, border security, or deportations, he will still have to find a source of power within the written laws, not outside them.

John Yoo
Constitutionalism
Apr 15, 2025
No items found.