Government Shutdown Broadens Executive Power under Trump
President Trump and the White House have been increasingly bypassing Congress during the ongoing government shutdown, a trend that seems to exemplify a growing boldness in the executive branch during his second term.
Since the shutdown commenced, the government has canceled or frozen previously approved funding for projects in states led by Democrats. They’ve even threatened to withhold pay from furloughed employees. Extra measures against Venezuelan drug smuggling vessels were executed with limited updates provided to Congress, alongside a reallocation of funds from tariffs imposed without congressional consent.
In recent days, the White House also laid off thousands of workers and suggested cutting certain programs amid the shutdown.
Earlier in his term, Trump utilized a “pocket recession” strategy to regain billions in previously allocated funds and enforce significant tariffs, igniting backlash from lawmakers concerned about his authority.
During all this, the Republican-majority Congress has largely acquiesced to Trump, allowing him to implement his policies with minimal pushback.
Casey Burgat, the director of the Legislative Affairs Program at George Washington University, commented, “This is a trend affecting both Democratic and Republican leaders, and this administration … aims to intensify it.” He added that “Presidents often wield as much power as Congress permits them, and currently, Congress seems ready to allow this president to escalate his actions.”
Customs Duty
President Trump has moved forward with sweeping tariffs on imports, even as some Congressional members argue that his actions exceed legal bounds.
The White House asserts that Trump has the constitutional authority to impose tariffs under the International Emergency Economic Powers Act. Tariffs have been placed on various countries and items, citing national security issues.
Critics, however, argue that these tariffs essentially act as taxes on American consumers and infringe upon Congress’s role in taxation and fiscal decisions.
Senators, feeling the heat, are attempting to rein in Trump’s tariff actions, with an effort to repeal tariffs on numerous countries narrowly failing in August.
Ultimately, the Supreme Court will have to determine the future of these tariffs. Trump mentioned he might attend the court’s arguments on the case.
“If we can’t impose tariffs, we’re lacking national security. We’ve got to look at this very closely,” Trump stated on Wednesday.
Reuse and Recovery of Funds
Aside from tariffs, Trump has expanded his reach into Congress’s traditional funding powers. Recently, the shutdown has threatened military pay and funding for various programs.
The administration cancelled green energy initiatives and froze funding for transportation projects in cities led by Democrats, claiming they don’t align with Trump’s executive orders on diversity and policy goals.
Just before the shutdown, Trump executed a rarely-used measure known as a pocket decision to unilaterally cut around $5 billion from previously approved funding, which drew bipartisan criticism for primarily affecting State Department programs that opponents say don’t align with Trump’s agenda.
His attempts to repurpose these funds have raised concerns about his authority to do so without Congressional consent.
The White House indicated that revenues from tariffs, implemented without Congressional approval, will be used to cover shortfalls in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Additionally, Trump ordered the Pentagon to use these funds for various purposes, including research and paying military personnel who missed their paychecks during the shutdown.
White House Press Secretary Caroline Leavitt remarked, “Democrats are holding Americans hostage while shutting down the government and granting taxpayer benefits to illegal immigrants.”
Venezuelan Boat Collides
Trump has downplayed inquiries about Congressional approval for military strikes.
Recently, Trump and Secretary of Defense Pete Hegseth announced strikes against suspected drug-trafficking vessels in the Caribbean, with the latest operation resulting in the deaths of 27 individuals. Earlier this month, Trump informed Congress that the U.S. is engaged in a conflict with drug cartels classified as terrorist entities.
Democrats raised objections to these attacks, arguing that he lacks the authority to unilaterally initiate military action under his Article II powers. A resolution aimed at halting the strikes from Senators Adam Schiff and Tim Kaine recently fell short with a vote of 48-51.
When asked about the Congressional backlash, Trump defended the strikes, stating, “We’re hearing these vessels were loaded with drugs. That’s crucial. If they’re carrying drugs, they’re fair game.”
Trump also attempted to clarify why the Coast Guard can stop suspected drug vessels but often does not act.
“Being politically correct doesn’t work here,” he said. “You could see fentanyl in the water after the boat was hit.”
While past presidents have conducted military actions without Congressional approval, the situation with Venezuela raises new legal concerns regarding adherence to international law and the implications for future military operations at sea.
Layoffs, Payroll, and Program Discontinuation
Trump is using the government shutdown as a chance to significantly shrink the size of the federal workforce, with officials estimating potential layoffs could surpass 10,000.
These layoffs don’t need congressional approval, yet the government is ignoring pleas from certain lawmakers to hold off. Senator Susan Collins expressed concern that significant layoffs might adversely affect vital services for her constituents.
The White House has also hinted that furloughed employees might not receive back pay for their time off, sparking debate since many argue this contradicts laws passed at the end of the last shutdown in 2019; some Republican leaders counter that the administration may have justifications.
Additionally, Trump has indicated intentions to cut programs favored by Democrats, promising to unveil a list of “Democrat programs” targeted for elimination, while assuring that “Republican programs” would remain secure.
Trump claimed, “The government shutdown hurts Democrats because it’s halting programs we oppose. Often, they don’t come back.” Lawmakers contend that the closure of agencies, like the Department of Education, requires Congressional consent, but this hasn’t deterred Trump from advancing his plans to overhaul these organizations.
