Congress, Not The President, Decides On Government Spending − A Constitutional Law Professor Explains How The ‘Power Of The Purse’ Works
BY ZACHARY PRICE ASSOCIATE PROFESSOR OF LAW, COLLEGE OF THE LAW, UC SAN FRANCISCO Because of the Trump administration’s efforts to cut staff and spending, Congress’ “power of the purse” has been in the news lately. Many of these actions have been challenged in court . I’m a law professor who has written about Congress’ power of the purse and some of the legal and constitutional issues that surround it. Here’s a brief explanation of the concept – and of why you should care about it. How it works Under the U.S. Constitution, Congress holds what’s commonly called the “power of the purse .” Congress, in other words, holds the authority to control government expenditures. Concretely, Congress may enact laws that raise revenue through taxes and import duties, and it may also spend money for “the common Defence and general Welfare,” terms in the Constitution that are understood to cover almost any spending that Congress thinks is a good idea. The Constitution, however, provides that “[n]o M...