Trump’s Department Of Government Efficiency Under Musk Is Unconstitutional
Readers' Forum
To The Reader’s Forum:
Without question, DOGE is illegitimate in its entirety. Trump singlehandedly created a “government” agency and authorized Musk to run it without congressional authorization.
The ‘power of the purse’ lies within congress’s domain, not the president’s domain. [U.S. Const. Art. 1, Sec. 8, Cl. 1 & Art. 1, Sec. 9, Cl. 7] Congressional oversight and authorization are required to rescind or change permanently how funds already appropriated by current legislation are to be spent. Both the Constitution and the Congressional Budget and Impoundment Control Act require it.
Instead of following the Constitution, and laws made in pursuance thereof, Trump used an Executive Order to allow him to override, i.e., in effect, to veto, past, already funded legislation, which is outside of his constitutional authority.
In doing so, he is not only
(1) disenfranchising voters of past generations, by revoking the laws their representatives passed on their behalf, thereby undermining our representative democracy, but also
(2) violating the Separation of Powers doctrine, by usurping the authority of the Legislative Branch of our federal government.
Musk, as acting head of DOGE, is a principal officer of the United States but he was never, I repeat, he was never, confirmed as such by the Senate as mandated by the Appointments Clause – Article II, Section 2, Clause 2 – of our Constitution.
Maurice F. Baggiano, J.D.,
published legal author, member of the Bar of the U.S. Supreme Court
Jamestown