The appropriations power is Congress''s constitutional authority under Article I, Section 9, Clause 7 to control federal spending: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." The principle has two parts. Congress alone decides what gets funded, and once it makes that choice, the executive branch must spend the money as directed unless Congress passes a new law releasing it.
The Impoundment Control Act of 1974 codified this rule after President Nixon refused to spend appropriated funds on programs he opposed. The act bars unilateral impoundment, requires presidents to send rescission proposals to Congress, and gives GAO standing to sue if money is withheld. When the Trump administration announced in May 2025 it would shut down 99 Job Corps centers despite congressional appropriations running through fiscal year 2027, plaintiffs argued the action functioned as illegal impoundment of workforce program funds.
Contested edges include reprogramming (moving money within an account), pocket rescissions (delaying spending until appropriation expires), and policy-driven pauses framed as administrative discretion. Courts have repeatedly held that "discretion" doesn''t include refusing to operate a statutorily authorized program.
When the executive refuses to spend money Congress appropriated, voters lose the leverage of the lawmakers they elected. Appropriations power is the only mechanism that lets Congress actually control what the government does.
People often think the president can refuse to spend money. In practice, the Impoundment Control Act of 1974 makes that illegal unless Congress passes a rescission.
When the executive refuses to spend money Congress appropriated, voters lose the leverage of the lawmakers they elected. Appropriations power is the only mechanism that lets Congress actually control what the government does.
People often think the president can refuse to spend money. In practice, the Impoundment Control Act of 1974 makes that illegal unless Congress passes a rescission.