Congress Must Reclaim Its Authority from Executive Overreach

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October 8, 2026
National Politics Politics

President Trump’s decision to cancel $810 million in congressionally authorized spending exemplifies another instance of executive overreach, undermining Congress’s fiscal authority. Throughout his term, Trump has consistently attempted to seize Congress’s constitutional powers, from funding freezes to unauthorized military actions. Recently, the Government Accountability Office opposed the cancellation, and Congress appears increasingly frustrated. Reports suggest bipartisan discussions on adjusting future spending bills to prevent such actions.

To restore legislative power, lawmakers should draw lessons from history and assert their authority to check executive abuse, particularly regarding fiscal and military powers. The framers intended Congress to be the foundation of U.S. governance, granting it control over taxpayer funds. While there has always been a dynamic tension between the presidency and Congress over funding, Trump’s actions challenge even the remaining limitations.

This situation echoes the 1970s when President Richard Nixon refused to spend approved congressional funds, prompting Congress to pass the Impoundment Control Act. This act required the president to spend allocated funds in most cases. However, presidents, including Trump, have exploited ambiguous aspects of the law to justify funding freezes.

During Trump’s second term, his administration has escalated these tactics, reducing funding for independent agencies and delaying or withholding billions in congressionally approved funds for foreign aid and other areas. While courts often intervene to enforce congressional spending decisions, Congress must take proactive steps to ensure adherence to constitutional limits. Rewriting the Impoundment Control Act to remove ambiguities exploited by any administration could be an initial step. Enhanced oversight capabilities are also necessary to ensure appropriate fund distribution.

In response to Trump’s use of private donations for questionable projects like the White House ballroom, Congress should set stricter guidelines for presidential use of private funds, which bypass normal appropriations processes.

War powers present another area where Congress must reclaim its constitutional role. The Constitution gives Congress, not the president, the power to raise, support, and regulate the military and to declare war. During the Vietnam War, Congress reaffirmed this authority by passing the War Powers Resolution, limiting presidential military force use to specific circumstances without congressional approval. Despite this, the Resolution has not sufficiently checked unauthorized conflicts.

Since the Vietnam War, presidents have often exceeded their war authorities, and Congressional efforts to constrain them have been inconsistent. Courts have typically avoided reviewing executive decisions on war powers. Trump’s unauthorized military actions in countries like Iran and Venezuela illustrate the need for a more robust War Powers Resolution. Potential solutions include shortening the Resolution’s 60-day limit, clarifying terms like “hostilities,” and adding judicial review provisions to correct law misinterpretations and curtail abuses.

Decades ago, Congress addressed a president who had extended beyond his authority by passing landmark legislation like the Impoundment Control Act and War Powers Resolution. Representative Elizabeth Holtzman noted these laws were responses to President Nixon’s power expansions. In today’s context, after years of constitutional deference, Congress faces a president lacking regard for the separation of powers. Congress must reassert its constitutional authority to effectively serve as the people’s branch.

Maya Kornberg is a senior research fellow in the elections and government program at the Brennan Center for Justice at NYU Law. She is the author of “Stuck: How Money, Media, and Violence Prevent Change in Congress.”