In this morning's news comes word that the US Supreme Court, in a 5-4 decision, has ruled that the Trump administration can transfer $2.5 billion from the Defense Department budget to use to build a portion of the border wall they have been pushing. This comes despite Congress's specific and intentional refusal to appropriate funds for this project, despite strong Administration efforts to ram it through, including the longest government shutdown in American history.
Article One, Section One of the US Constitution states:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article One, Section Nine of the US Constitution states:
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law...
So, all legislative (lawmaking) powers belong to congress. And no money can be spent without a law authorizing it. Yet in this instance the Executive Branch is being allowed to do just that, to spend money without a congressional appropriation. How are we not a dictatorship if the president is allowed to, of his own individual will, usurp a power of congress and spend money for purposes not appropriated by congress? This decision, reached solely on the strength of the Republican-appointed majority on the court, and overturning lower federal court decisions, is an incredible dereliction by the Supreme Court. What need is there of a congress at all if the executive can create laws on his own and assume jurisdiction over its constitutionally designated powers? We still have the trappings of a representative, constitutional republic, but with this decision and precedent, how are we different from a dictatorship?
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