Impoundment

Written By Jonathan Milner

Definition

The Constitution gives Congress the power of the purse. But the president is in charge of executing the law. Impoundment occurs when Congress appropriates money that the president then declines to spend. While the U.S. Constitution broadly grants Congress the power of the purse (spending), the President – through the White House Office of Management and Budget (OMB) and executive agencies – is responsible for the actual spending of funds. When President Nixon’s administration refused to release Congressionally appropriated funds for certain programs he opposed the congress passed the The ICA - The Congressional Budget and Impoundment Control Act of 1974 (ICA) reasserting Congress' power of the purse. Specifically, Title X of the Act – "Impoundment Control" – established procedures to prevent the President and other government officials from unilaterally substituting their own funding decisions for those of the Congress. After the ICA passed, the Supreme Court unanimously held in Train v. City of New York that even without the ICA, the President does not have unilateral authority to impound funds. Congress has the power of the purse. President Trump has uses impoundments to unilaterally do by fiat what he can’t pass in Congress and the Supreme Court will have to decide if he is acting constitutional.

 
 

Questions

  1. Translate impoundment into plain English.

  2. What branches of government is a fight over impoundment between?

  3. What law did Congress pass regarding impoundment?

  4. What has the Supreme Court ruled about impoundment?

  5. Why do you think President Trump is impounding funds the Congress already appropriated?

  6. What is a current example of impoundment?

  7. What emoji does the best job of representing the meaning of impoundment?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw impoundment! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Civics and AP Government Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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