Originally posted by Duckologist
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I was listening to a YouTube video about Elon Musk and doge.
It was about the legality of what Musk is doing, can the cuts legally go into effect if Congress has already allocated the money, etc.
I don’t feel like reading 13 pages of comments to see if this has been discussed already so I will ask. Has a legal case been discussed about Trump following the Musk recommendations if he so wishes to go around Congress? An example is, if Musk said cut this $20 billion program that Congress has already authorized and the president can’t divert or cancel as a separation of powers issue, can Trump cancel the program anyway, going around the Constitution and save the $20 billion?
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Originally posted by tvc184 View PostI was listening to a YouTube video about Elon Musk and doge.
It was about the legality of what Musk is doing, can the cuts legally go into effect if Congress has already allocated the money, etc.
I don’t feel like reading 13 pages of comments to see if this has been discussed already so I will ask. Has a legal case been discussed about Trump following the Musk recommendations if he so wishes to go around Congress? An example is, if Musk said cut this $20 billion program that Congress has already authorized and the president can’t divert or cancel as a separation of powers issue, can Trump cancel the program anyway, going around the Constitution and save the $20 billion?
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Originally posted by tvc184 View PostI was listening to a YouTube video about Elon Musk and doge.
It was about the legality of what Musk is doing, can the cuts legally go into effect if Congress has already allocated the money, etc.
I don’t feel like reading 13 pages of comments to see if this has been discussed already so I will ask. Has a legal case been discussed about Trump following the Musk recommendations if he so wishes to go around Congress? An example is, if Musk said cut this $20 billion program that Congress has already authorized and the president can’t divert or cancel as a separation of powers issue, can Trump cancel the program anyway, going around the Constitution and save the $20 billion?Last edited by CEO; 03-07-2025, 04:32 PM.
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Originally posted by CEO View PostI feel like you're usually the one to fill us in on the technicalities.
To answer 100% Ttld, yes Congress can change a law but the Republicans don’t have complete control of the Senate. It takes 60 votes (cloture) to end the filibuster and to allow a bill to come up for a pass or fail vote on the floor of the Senate. The Republicans only have 53 senators. Therefore, all of the old spending bills that were passed previously, the Republicans cannot pass a new law to end the ridiculous spending unless the Democrats agree. They won't.
Which brings us to a little used law called a rescission (repeal or cancellation) from the Impoundment Control Act of 1974.
It was Bill Clinton who tried to use a new law of a line item veto law in the budget. He wanted to approve the budget but simply cross out the things that he didn’t like. Basically he would have almost complete control over the budget. The Supreme Court ruled that the law was unconstitutional as a separation of powers. Article I of the Constitution says that Congress submits a budget for approval. The president can only sign or veto it. As the video I watched gave an example, if Congress passed a law giving the president $1 billion to build five fighter jets, he would be obligated to build them. He has no authority to amend the budget and he has no authority to put the money to use for other means. If Congress passes it and it is signed into law, it must be followed.
However…..
The Impoundment Control Act has a loophole. If a president sees something that he thinks is frivolous or for whatever reason should not be spent, he can send a request to Congress to delete that part of the budget. That is different then a presidential line item veto because the president is not deleting it, Congress would be which is their constitutional authority.
We still run into the problem of the 60 votes needed for cloture to allow something to come up for a vote.
BUT WAIT!
Written into Impoundment Control Act law is a rule that overturns the required cloture vote for that specific law only as a budgetary item. That means a simple majority in the House and the Senate is enough to do what is essentially a line item veto but there is no unconstitutional separation of powers issue because it is Congress deleting their own budget, not the president.
So a president sends a request to Congress asking for a budgetary item to be deleted. Congress has to pass a bill just like any other law however, a simple majority will work and since the Senate and the House are both Republican, there’s a very good chance that they will back the president up. That means if Musk sends Trump a request that a bunch of programs should be done away with, Trump does not have that authority but he can send a request to Congress and I believe they have 45 days to act on that request.
Basically, the Supreme Court said that the president has no such authority to stop an approved budget because that is the authority of Congress under the Constitution. Congress, however, passed a little used law allowing them to amend the budget with a simple majority of vote.
if y’all have already read that, please disregard the above statement… 😎​Last edited by tvc184; 03-07-2025, 05:01 PM.
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Originally posted by Artos View Posthttps://x.com/EricLDaugh/status/1901662870720446825
someone also posted where Trump signed off to close 8 govt agencies...haven't seen which ones??
Just how far do we allow this to go and how damm mad do we have to get?!
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