Can President Trump legally cut the federal budget without Congress?

The White House is considering further cuts to the federal budget using a maneuver some Republicans contend is illegal and unconstitutional. Through what are called pocket rescissions, the president can essentially make end-of-year budget cuts without legislative approval. 

The top chairwoman of the Senate Appropriations Committee, Sen. Susan Collins, R-Maine, said cutting the budget in that way is “not legal.” Rep. Mike Simpson, R-Idaho, said they are unconstitutional. 

The White House says they are considering multiple ways to reduce federal spending, including further rescissions. 

“We certainly recognize that we have the ability and the executive tools to fund less than what Congress appropriated, and to use the tools that the Impoundment Control Act, a bill we’re not –– a law that we’re not entirely thrilled with, gives us to send up rescissions towards the end of the fiscal year,” Russell Vought, director of the White House Office of Management and Budget, said on “Face the Nation.” 

The Impoundment Control Act

The Impoundment Control Act allows the president to send rescission requests to Congress for consideration. The president must say how much money he wants to rescind from the budget, the accounts it will be taken from, the reason for the cut and the projected budgetary and economic impact. 

Congress has 45 days to approve the request. If the legislative branch does nothing, it’s automatically denied. 

During the 45-day consideration period, the money is frozen. That’s where pocket rescissions come in. 

The fiscal year ends Sept. 30 each year. If the president sends a rescissions request to Congress within 45 days of that date, the funds are frozen for the remainder of the fiscal year and, for all intents and purposes, cut from the budget. 

The debate

Straight Arrow News spoke with Senators about their views on the legality of pocket rescissions. 

Sen. Tim Kaine, D-Va., said they are not legal.  

“Congress is the appropriator under the Constitution. I don’t think the White House can use tricks to change the meaning of the Constitution,” Kaine told SAN. 

Sen. Rick Scott, R-Fla., said it’s okay for the White House to take steps to reduce spending. SAN asked him if he believed allowing these rescissions cedes power to the executive branch that should belong to the legislative branch. 

“Remember, I’m an individual that liked line-item veto when I was governor, so I think allowing the president to come forward with ideas to reduce spending, I’m all for,” Scott said. 

The line-item veto is a legislative maneuver that allows an executive to reject individual provisions within a bill. The Supreme Court ruled they are unconstitutional at the federal level. 

The fiscal year 2026 budget

Democrats are warning Republicans that if the White House tries to cut any more funding that Congress agreed to spend on a bipartisan basis, they may not be able to support the budget package for fiscal year 2026. 

“It makes it harder for Dems to trust that if we negotiate in good faith, a deal will be upheld by Trump or the Republicans, and that makes it more difficult,” Kaine said.  

“I hope everybody up here understands that we have, we’re running $2 trillion deficits. We have $37 trillion worth of debt,” Scott said. “We’ve got to figure out how to save money.”  

Congress has to pass next year’s budget by Sept. 30. If they don’t, they’ll either need a continuing resolution to fund the government on a temporary basis, or there will be a shutdown.