Dem Sen. Baldwin accused Trump of violating Constitution and Impoundment Control Act

By 
 March 4, 2025

It seems like it is just a matter of time before Democrats mount a concerted effort to impeach President Donald Trump, and some members of Congress have already begun to lay the groundwork for alleged violations that would warrant such a move.

That includes Sen. Tammy Baldwin (D-WI), who on Monday accused Trump of blatantly violating the Impoundment Control Act of 1974, Breitbart reported.

The law essentially prioritizes the intentions of congressional appropriations over administrative decisions on how to spend those funds, with some exceptions, and some Democrats believe the law can be used to force Trump to spend taxpayer money on things that he'd rather not.

Dem senator says Trump violating the law

Sen. Baldwin on Monday appeared on MSNBC's "Morning Joe" and was asked by co-host Joe Scarborough if she believed the Trump administration's efforts to "impound" or not spend congressionally appropriated funds was "a constitutional violation of Article I powers?"

"It absolutely is," the Democratic Wisconsin senator replied. "And it is so clear in Article I that Congress makes the laws, passes the budgets and the appropriation bills. And it is the administration, the president, who implements and administers those."

"And we’re seeing conflict there, started with that federal funding freeze, and of course, lawsuits were filed immediately, but the harm occurred," she continued before providing a few examples from her home state of disruptions caused by the administration's freezing of funds for various programs pending review.

"I think this is important for viewers to know not only does this seem to be unconstitutional because these are Article I powers, it also breaks the law when the impoundment law, when Nixon tried to impound funds," Scarborough said as he pressed the issue. "Congress passed a law in 1974, the Impoundment Act of 74, that explicitly states, a president can’t do this."

Baldwin responded, "Exactly, and I think they are trying to break it, to create a case that they ultimately bring up to the Supreme Court. And I hope the Supreme Court would stand firmly with Article I and The Impoundment Act."

Trump admin pushing the envelope on "unconstitutional" Impoundment Control Act

According to Fox News, and as referenced by MSNBC's Scarborough, the Impoundment Control Act was passed by Congress in 1974 in response to then-President Richard Nixon's attempts to not spend certain funds appropriated by lawmakers that didn't align with his policy agenda.

What the law effectively did, which has been consistently upheld by federal courts over the decades, is establish a limited procedure through which an administration can withhold appropriated funds with congressional approval or defer the spending to a later date with notification to Congress.

Yet, while that has been the status quo for the past 50 years, President Trump and some of his top allies argue the law is unconstitutional, which has prompted some Democrats like Sen. Baldwin to loudly warn of a potential "constitutional crisis" and violation of the separation of powers doctrine.

Indeed, a substantial portion of the confirmation hearings last month for Office of Management and Budget Director Russel Vought was devoted to arguments over the Impoundment Control Act, and it was made quite clear that Vought is spoiling for a fight over the law.

Matter will be addressed in pending court cases

As of yet, no federal court has determined that the Impoundment Control Act is unconstitutional, but that may simply be because effective arguments against the law have not yet been made.

Whether the Trump administration can succeed where prior administrations have failed on this issue is a question that will likely be answered in the near future, as several lawsuits that invoke the act against Trump's team are currently pending.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson