Article II: Usurpation of the Appropriations Power

The Constitution provides that the House of Representatives shall have the sole Power of Impeachment and that the President shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Further, Section 9 of Article I of the Constitution states that No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. In his conduct of the office of President of the United States—and in violation of his constitutional oath to faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump has abused the powers of the Presidency in a manner offensive to, and subversive of, the Constitution, in that: Using the powers of his high office, Donald John Trump unlawfully usurped Congress and its power to appropriate funds, thereby nullifying the Appropriations Clause in the Constitution and violating the Impoundment Control Act of 1974. Since taking office, he has signed numerous Executive Orders directing agencies to withhold funds appropriated by Congress. The President does not have the power to override spending laws or impound appropriated funds, a principle affirmed by numerous Supreme Court rulings. Donald John Trump has withheld funds and terminated en masse Federal employees and numerous Federal agencies and departments, including the following: (1) Directed the dismantling of the Department of Education. As enacted in the Department of Education Organization Act, signed into law by President Jimmy Carter, the Department of Education was established by Congress to create reform in the education system throughout the country, distribute Federal aid to students and places of learning, and prohibit discriminatory practices. The President does not have the authority to dismantle the Department of Education, and his signing of Executive Order 14242, which aims to Improving Education Outcomes by Empowering Parents, States, and Communities, violates the law and the Constitution. (2) Unlawfully directed the elimination of the United States Agency for International Development (USAID). As enacted in the Foreign Assistance Act of 1961, signed into law by President John F. Kennedy, USAID plays a crucial role in delivering foreign assistance worldwide, including disaster relief, conflict relief, combating global diseases, promoting educational programs, and enhancing food security in developing countries. By dismantling USAID and freezing foreign assistance, he has severed the United States from its humanitarian role as directed by Congress, leaving other countries and potentially our adversaries to fill in the role the United States has abandoned. (3) Created the so-called Department of Government Efficiency (DOGE), which has imposed payment holds and rescinded funds after disbursement. Donald John Trump has utilized DOGE to unlawfully block or impound appropriated funds to dozens of Federal agencies, including the National Institutes of Health, the Federal Aviation Administration, and the Department of Veterans Affairs. By impounding congressionally appropriated funds, Donald John Trump and DOGE have not only violated the law, but have negatively impacted the American people by cutting jobs, halting critical services, and rescinding grants for programs, in defiance of the express, constitutionally binding will of Congress. Using the powers of his high office, Donald John Trump has unlawfully withheld congressionally appropriated funds and attempted to dismantle congressionally mandated agencies. By withholding funds and crippling agencies, he has prevented the Federal Government from performing critical duties here and abroad. He has threatened the well-being of United States citizens through the gross misconduct of his office, resulting in dire and life-threatening consequences on the world’s most vulnerable populations. Wherefore, Donald John Trump, by such conduct, has demonstrated that he is unfit to govern a Nation by and for the people, has acted in a manner grossly incompatible with self-governance and the rule of law, and will remain a threat to the Constitution if allowed to remain in office.