It may seem like political wrangling, but playing out before the American people right now is a landmark political fight over checks and balances, and the relative power of Congress versus a president.
The struggle revolves around federal spending, as the Trump administration has made clear that it does not feel bound by actual laws or the goals Congress had in mind in passing legislation.
So far, the U.S. Supreme Court has regularly ruled in favor of the White House. That includes a recent decision allowing the feds to fire hundreds of workers and make major organizational changes at the Department of Education — without action by Congress.
The latest decision came with no explanation of the legal underpinnings used by the court’s conservative majority, prompting a biting dissent.
“Only Congress has the power to abolish the Department,” Justice Sonia Sotomayor wrote for the court’s three more liberal members.
“The majority is either willfully blind to the implications of its ruling or naive, but either way, the threat to our Constitution’s separation of powers is grave,” Sotomayor added.
On Capitol Hill, Democrats echoed that warning about the weakening of the legislative branch.
“Congress has the sole authority to dismantle any U.S. department — not Donald Trump,” said Rep. Hank Johnson, D-Lithonia.
Democrats bitterly noted that it was just two years ago that the Supreme Court struck down President Joe Biden’s plan to forgive some student loans, ruling that Congress had never specifically authorized that action.
Congress hasn’t authorized these Trump changes either, but they’ve been given a legal green light.
Lawmakers are also on a collision course with Trump over education funding. The White House is holding back more than $6 billion, with over $200 million tagged for Georgia.
The money was signed into law by Trump in March. But the White House won’t release the funds, which could mean school cuts in Georgia and many other states.
The impact of this funding dispute will be felt initially in the South, where the school year tends to begin first.
“No more excuses,” Rep. Lucy McBath, D-Marietta, said on the House floor. “This administration must follow the law and release the money for our schools.”
This brings up an interesting conflict. The president is clearly the boss of the executive branch and has the power to run those departments. But does that also translate into ignoring the spending decisions of Congress?
That answer for the Trump White House seems to be “yes.”
If you believe that, be careful. Some day, the White House will change hands. Can a Democratic president ignore laws passed by Congress?
Your answer should be the same for both parties.
Jamie Dupree has covered national politics and Congress from Washington, D.C. since the Reagan administration. His column appears weekly in The Atlanta Journal-Constitution. For more, check out his Capitol Hill newsletter at http://jamiedupree.substack.com
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