October 30, 2025 • 9 mins
As for the question of what the president may and may not do to direct federal funds. That is very clear constitutionally.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:04):
Have a question or topic you want to have addressed.
Just ask. This is the Brian Mud Show.
Speaker 2 (00:14):
Today's you and A What the President can and can't
fund without Congress. This is brought to you by listen Ashes,
check Mark collections. Each day I feature a listener question
sent by one of these methods. You may email me
Brian Mud at iHeartMedia dot com, hit me up on
social ats. Brian Mud Radio may also use the iHeartRadio
talk tag feature we love It. If you love us,
(00:36):
just go into the app make as your top preset.
Speaker 1 (00:39):
While you're in there, we love it.
Speaker 2 (00:40):
If you would make the Brian Mud Show podcast number
two pre set, and you'll also see a little microphone button.
See it, tap it you may lay down the message
right there, maybe for a future Q and A like this.
Speaker 3 (00:51):
I am here in Pennsylvania, and I think that the
government that President Trump should lay off those government employees,
does not central ones and give them money to our
armed forces and all of the armed forces. I think
all that money that they're going to save should go
to the armed forces to build more ships, to do
(01:12):
more advanced protection for their country.
Speaker 1 (01:16):
Thank you, thank you for being there.
Speaker 2 (01:18):
Here are your frustrated frustration and understand where you're coming from.
Appreciate you being loyal listener from PA as well. And
you raised a question of what the president is and
isn't constitutionally allowed to do pertaining to unilateral funding decisions. Also,
there's the matter of federal government in layoffs during the
(01:41):
partial shutdown that's in play. The constitution very clear in
one of those issues, a little bit less clear than
the other. So let's start with the matter of permanent
layoffs during the partial government shutdown, as that's the issue
with legal great territory attached to it. Early in the shutdown,
the Trump administration issued rips, or reduction enforce notices to
thousands of fur loughed employees. Predictably, a federal judge in
(02:03):
this case, a Clinton appointee, halted the terminations, spending a
further review of the case brought by unions of the employees.
Earlier this week, the judge extended on the rulings, saying
it was quote arbitrary and capriciously hazardous to use the
shutdown as a catalyst for layoffs, halting them for now.
(02:23):
As I pointed out previously, President Trump has lost approximately
ninety percent of the legal challenges brought against his administration
lower courts, only to have the Supreme Court eventually sided
with his administration over ninety percent of the time for
the cases that have made it that far. So it's
very possible this could be the next in line, but
that is going to take time. The Supreme Court has
upheld previous layoffs upon review by the Trump administration born
(02:45):
out of DOGE efforts earlier this year, but for now
it's an illegal limbo.
Speaker 1 (02:50):
So that's the deal.
Speaker 2 (02:53):
As for the question of what the president may and
may not do to direct federal funds, now, this is
very constitutionally clear. Even during the partial government shutdown, the
President of the United States may not unilaterally fund most
government operations. The Constitution gives Congress something you've heard many times,
(03:14):
the term the power of the purse under Article one,
Section nine.
Speaker 1 (03:19):
However, there are.
Speaker 2 (03:21):
Specific exceptions that certainly allow spending without new appropriations from Congress.
So here's what can still be funded or continue operating
during the shutdown without congressional action, without appropriations that take
place through the annual appropriations process. There are four ways
this can happen. The first what are called essential exempted activities.
(03:46):
The second activities funded by permanent or mandatory appropriations, the
third activities supported by fees or trust funds, and the
fourth presidential discretionary actions. To give you the lowdown on
each of these, quick overview for the essential accepted activities.
(04:07):
These are all allowed under the Anti Deficiency Act. They
include national security and defense operations, so active military intelligence
and nuclear oversight all automatically happen regardless law enforcement. Again
we're talking about the FEDS here, so law enforcement would
(04:27):
be the FBI, the DEA, Board of Patrol and Secret Service,
Air traffic control and safety operations, emergency and disaster response,
so this would be FEMA and Coastguard, and then operation
of Federal prisons. Those are all automatically active no matter what. Now,
(04:50):
there is one thing here that really jumps out, and
it's an area where I think there needs to be
obvious reform. While the operations may be funded, the employees
might be required to work without immedia pay to be
retroactively paid once funding resumes. So you have the departments
(05:11):
better funded no matter what to operate, but the compensation
for the people who operate those departments is not That
should not be that way. Essential federal employees that are
working should be paid period. They should never be used
as pawns or held hostage like Democrats have been doing.
The second activities funded by permanent or mandatory appropriations.
Speaker 1 (05:35):
Okay, so this always comes up.
Speaker 2 (05:38):
And it always is absurd because there literally would have
to be a constitutional amendment to change in. No matter
what Social Security is funded, no matter what Medicare and
Medicaid is funded. So is interest on the national debt,
veterans benefits, and the USPA.
Speaker 1 (06:00):
Yes, would this also be the category that pays Congress.
Speaker 2 (06:04):
So in the mandatory appropriations the funding of them, Yeah,
I mean that is considered a permanent appropriation, so it
would fall ultimately in that category.
Speaker 1 (06:16):
Yeah.
Speaker 2 (06:18):
Three activities supported by fees or trust funds. So these
are things that operate largely on revenue they take in
independent of appropriations by Congress, and so these include US
citizenship and immigration services, the National Park Service this is
why most national parks are open, the Patent in Trademark Office,
(06:42):
and also the Federal Reserve. This is why too late
was able to cut interest rates yesterday and the fourth
presidential Discretionary Actions. So this gets into the category where
today's Q and A really hits at This is what's
allowed under the constitution. The President can reallocate existing, already
(07:07):
appropriated funds within the limits of the law. But here
are the limits of the law. The President cannot create
new funding streams, cannot borrow money or reprogram funds across agencies,
cannot override Congress. Is spending power, which allows the President
(07:28):
to direct agencies to prioritize exempted activities that was done obviously.
The onset of the shutdown declare emergencies that may unlock
specific pre authorized funds, but only for legally defined purposes
like disaster relief. Without an Act of Congress, the president
can continue funding only what is already authorized, either through
(07:52):
permanent appropriations, mandatory spending laws, be funded activities, or exceptions
for protection of life and property. Literally everything else must
stop until Congress passes the president signs new appropriations. And
so for example, like with paying the troops, there is
discretionary money that had been previously allocated to the end
(08:12):
the Department of Defense, and so that had been allocated. Okay,
we're and take the discretionary money, use that to pay
the troops. But for example, you don't have those kinds
of discretionary budgets in most agencies, and then you can't
have the president take money across agencies, and so this
becomes the problem there. And obviously when you take a
(08:34):
look at what's getting ready to happen here, if nothing
changes comes Saturday, you start getting into the SNAP program
as well, and then also the open enrollment for ACA plans.
So while it may be frustrating in the moment because
you might want President Trump to be able to have
more control in this moment if you are a fan
of him, it's in the best interests of this country
long term for a president not to have that kind
(08:56):
of power and for Congress to have that check on
the executive branch. Just imagine what would have happened, for example,
if Team aut opened under Biden had that kind of
authority to override Congress.
Have a question or topic you want to have addressed.
Just ask. This is the Brian Mud Show.
Speaker 2 (00:14):
Today's you and A What the President can and can't
fund without Congress. This is brought to you by listen Ashes,
check Mark collections. Each day I feature a listener question
sent by one of these methods. You may email me
Brian Mud at iHeartMedia dot com, hit me up on
social ats. Brian Mud Radio may also use the iHeartRadio
talk tag feature we love It. If you love us,
(00:36):
just go into the app make as your top preset.
Speaker 1 (00:39):
While you're in there, we love it.
Speaker 2 (00:40):
If you would make the Brian Mud Show podcast number
two pre set, and you'll also see a little microphone button.
See it, tap it you may lay down the message
right there, maybe for a future Q and A like this.
Speaker 3 (00:51):
I am here in Pennsylvania, and I think that the
government that President Trump should lay off those government employees,
does not central ones and give them money to our
armed forces and all of the armed forces. I think
all that money that they're going to save should go
to the armed forces to build more ships, to do
(01:12):
more advanced protection for their country.
Speaker 1 (01:16):
Thank you, thank you for being there.
Speaker 2 (01:18):
Here are your frustrated frustration and understand where you're coming from.
Appreciate you being loyal listener from PA as well. And
you raised a question of what the president is and
isn't constitutionally allowed to do pertaining to unilateral funding decisions. Also,
there's the matter of federal government in layoffs during the
(01:41):
partial shutdown that's in play. The constitution very clear in
one of those issues, a little bit less clear than
the other. So let's start with the matter of permanent
layoffs during the partial government shutdown, as that's the issue
with legal great territory attached to it. Early in the shutdown,
the Trump administration issued rips, or reduction enforce notices to
thousands of fur loughed employees. Predictably, a federal judge in
(02:03):
this case, a Clinton appointee, halted the terminations, spending a
further review of the case brought by unions of the employees.
Earlier this week, the judge extended on the rulings, saying
it was quote arbitrary and capriciously hazardous to use the
shutdown as a catalyst for layoffs, halting them for now.
(02:23):
As I pointed out previously, President Trump has lost approximately
ninety percent of the legal challenges brought against his administration
lower courts, only to have the Supreme Court eventually sided
with his administration over ninety percent of the time for
the cases that have made it that far. So it's
very possible this could be the next in line, but
that is going to take time. The Supreme Court has
upheld previous layoffs upon review by the Trump administration born
(02:45):
out of DOGE efforts earlier this year, but for now
it's an illegal limbo.
Speaker 1 (02:50):
So that's the deal.
Speaker 2 (02:53):
As for the question of what the president may and
may not do to direct federal funds, now, this is
very constitutionally clear. Even during the partial government shutdown, the
President of the United States may not unilaterally fund most
government operations. The Constitution gives Congress something you've heard many times,
(03:14):
the term the power of the purse under Article one,
Section nine.
Speaker 1 (03:19):
However, there are.
Speaker 2 (03:21):
Specific exceptions that certainly allow spending without new appropriations from Congress.
So here's what can still be funded or continue operating
during the shutdown without congressional action, without appropriations that take
place through the annual appropriations process. There are four ways
this can happen. The first what are called essential exempted activities.
(03:46):
The second activities funded by permanent or mandatory appropriations, the
third activities supported by fees or trust funds, and the
fourth presidential discretionary actions. To give you the lowdown on
each of these, quick overview for the essential accepted activities.
(04:07):
These are all allowed under the Anti Deficiency Act. They
include national security and defense operations, so active military intelligence
and nuclear oversight all automatically happen regardless law enforcement. Again
we're talking about the FEDS here, so law enforcement would
(04:27):
be the FBI, the DEA, Board of Patrol and Secret Service,
Air traffic control and safety operations, emergency and disaster response,
so this would be FEMA and Coastguard, and then operation
of Federal prisons. Those are all automatically active no matter what. Now,
(04:50):
there is one thing here that really jumps out, and
it's an area where I think there needs to be
obvious reform. While the operations may be funded, the employees
might be required to work without immedia pay to be
retroactively paid once funding resumes. So you have the departments
(05:11):
better funded no matter what to operate, but the compensation
for the people who operate those departments is not That
should not be that way. Essential federal employees that are
working should be paid period. They should never be used
as pawns or held hostage like Democrats have been doing.
The second activities funded by permanent or mandatory appropriations.
Speaker 1 (05:35):
Okay, so this always comes up.
Speaker 2 (05:38):
And it always is absurd because there literally would have
to be a constitutional amendment to change in. No matter
what Social Security is funded, no matter what Medicare and
Medicaid is funded. So is interest on the national debt,
veterans benefits, and the USPA.
Speaker 1 (06:00):
Yes, would this also be the category that pays Congress.
Speaker 2 (06:04):
So in the mandatory appropriations the funding of them, Yeah,
I mean that is considered a permanent appropriation, so it
would fall ultimately in that category.
Speaker 1 (06:16):
Yeah.
Speaker 2 (06:18):
Three activities supported by fees or trust funds. So these
are things that operate largely on revenue they take in
independent of appropriations by Congress, and so these include US
citizenship and immigration services, the National Park Service this is
why most national parks are open, the Patent in Trademark Office,
(06:42):
and also the Federal Reserve. This is why too late
was able to cut interest rates yesterday and the fourth
presidential Discretionary Actions. So this gets into the category where
today's Q and A really hits at This is what's
allowed under the constitution. The President can reallocate existing, already
(07:07):
appropriated funds within the limits of the law. But here
are the limits of the law. The President cannot create
new funding streams, cannot borrow money or reprogram funds across agencies,
cannot override Congress. Is spending power, which allows the President
(07:28):
to direct agencies to prioritize exempted activities that was done obviously.
The onset of the shutdown declare emergencies that may unlock
specific pre authorized funds, but only for legally defined purposes
like disaster relief. Without an Act of Congress, the president
can continue funding only what is already authorized, either through
(07:52):
permanent appropriations, mandatory spending laws, be funded activities, or exceptions
for protection of life and property. Literally everything else must
stop until Congress passes the president signs new appropriations. And
so for example, like with paying the troops, there is
discretionary money that had been previously allocated to the end
(08:12):
the Department of Defense, and so that had been allocated. Okay,
we're and take the discretionary money, use that to pay
the troops. But for example, you don't have those kinds
of discretionary budgets in most agencies, and then you can't
have the president take money across agencies, and so this
becomes the problem there. And obviously when you take a
(08:34):
look at what's getting ready to happen here, if nothing
changes comes Saturday, you start getting into the SNAP program
as well, and then also the open enrollment for ACA plans.
So while it may be frustrating in the moment because
you might want President Trump to be able to have
more control in this moment if you are a fan
of him, it's in the best interests of this country
long term for a president not to have that kind
(08:56):
of power and for Congress to have that check on
the executive branch. Just imagine what would have happened, for example,
if Team aut opened under Biden had that kind of
authority to override Congress.
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