Article I grants Congress the power of the purse, arguably its most effective weapon to
combat executive overreach. Even if Democrats take both houses, it is nearly
impossible, for example, to assemble supermajorities to impeach and remove
rogue Cabinet officials. Even with one house secured, however, it can refuse to
fund Donald Trump’s priorities. And if Democrats win even a bare majority in
the Senate, it can use reconciliation strategically to eliminate programs or
temporarily defund departments. And we’ve got a handy list of Trump’s abusive,
lawless agencies and departments that Democrats should strategically target.
First and foremost, Democrats should refuse to fund the illegal, reckless Iran War and must eliminate funds for
continued deployment of personnel and material that depletes our readiness and leaves us vulnerable elsewhere. They can condition
additional funding for the Pentagon on compliance with congressional investigations, and can defund overtly politicized gatherings of the type Secretary of Defense
Pete Hegseth has conducted.
Congress can also use the power of the purse to disable
corrupt, lawless departments. Democrats, for example, will need to conduct
exacting oversight over the Department of Homeland Security, which has been, according to reports, rife with fraud. Continuing to fund the department before a
full accounting is made and until all those responsible are held accountable
would be political malpractice.
When it comes to abusive, lawless immigration raids,
Democrats must refuse to allocate a single dime for ICE, Customs and Border
Protection (CBP), and other entities responsible for killing or allowing dozens of people to die (on the streets and in custody), mistreating detainees, ignoring fundamental civil liberties protections, refusing to abide by requirements for body cameras, conducting raids at religious institutions, courts, and schools, continuing to use excessive force and racially
profile individuals, and blocking cooperation with state and local criminal
investigations.
If Democrats win control of even one house, said body can
refuse to fund ICE, CBP, and any other aspects of DHS absent full cooperation
with oversight and adoption of strict guidelines on use of force, treatment of
detainees, compliance with warrants, etc. Congress can simply refuse to fund
“raids,” that is, far-flung operations that do not prioritize dangerous criminals. Congress can deny
resources for operations if there is no immediate threat to public safety or in
any case in which ICE agents lack a judicial warrant based on probable cause. Democrats
will need to rally public opinion, already hostile to ICE and CBP, when Trump hollers that
they are protecting “dangerous criminals.” (The response: Democrats will fund
focused, law-abiding enforcement actions that are actually against dangerous
criminals).
Finally, Democrats should seriously consider a much
bigger target: Previously independent agencies or boards that Trump has turned
into partisan instruments of his political thuggery. In eviscerating the bipartisanship and independence that were the
hallmarks of these bodies and putting virtually the entire federal
government (with the Federal Reserve alone exempted) under the thumb of the
president, the Trump crew thought they had achieved a “unitary executive” dream come
true — federal operations devoid of independent judgment, entirely
under the sway of a vindictive, lawless president. While the Supreme Court in Trump v. Slaughter went along with this, allowing Trump
to fire members of these previously independent bodies (in that case, the FTC) without cause, Congress has a role
to play.
Nothing requires Congress to continue funding flunkies
who ignore basic constitutional principles while wielding power to benefit
their cronies and punish their perceived enemies. Should they gain control of
even one house, Democrats could draw the line: No funds for rogue agencies
and lawless departments. (Alternatively, requiring quorums with members of both parties would
achieve the same ends.)
They could also start with the Federal Communications
Commission. Under Brendan Carr, the FCC has become a First Amendment abomination, with behavior like forcing ABC/Jimmy Kimmel to put a James
Talarico interview on YouTube instead of network television. As Kimmel
explained:
For the whole 20-plus year[s] of our show, in fact, I’ve
been interviewing Americans who are running for office with no problem at
all... . But for some reason — and I can’t seem to figure out what that reason
is — something has changed. Now that he is president, his FCC has threatened
me, threatened our show, threatened our network ABC, our affiliates, our local
stations based on simple traditional editorial decisions: guest bookings it
would seem they don’t like.
Congress can compel Carr to testify about his war on
late-night comedians and his overt MAGA bias. If he refuses to cooperate, and
if the FCC refuses to adopt enforceable, unbiased rules, Congress should be
prepared to defund the FCC until such time as it is controlled by
public servants who take their constitutional oath seriously. (Would Trump shut
down the government over the issue? Perhaps, although he might find it hard to
explain why Americans’ basic services have been disrupted so that he can keep
his stooges on the FCC.)
Frankly, Congress can consider defunding any independent agency/commission in which Trump fires members without cause. There is already a long list of individuals/commissions that Trump has politicized. The notion that it is better to leave them in place despite reckless partisan bullying (because occasionally they do something useful?!) is cockeyed and dangerous; foolishly ceding ground to Trump. Entities that no longer operate fairly, without bias and favoritism, cannot operate in the public interest. Why should they receive taxpayer funds?
In sum, Democrats need a coherent, strategic plan for
funding the government should they win even one house of Congress. Leadership
must be prepared to explain their game plan to voters and to enforce discipline
in their own ranks on key votes. If Democrats are serious about recovering our
democracy, they must be serious about wielding the power of the purse to
benefit the American people.
-Jennifer Rubin, The Contrarian








