Practically speaking, when the majority of people who decided to vote voted for the person applying these policies, what mitigations are left? The courts are themselves slow and ultimately roll up to allies of the despot. People say that the midterms are crucial, but the midterms are only likely to be won if Democrats truly unify and apply winning strategies. Sadly the only winning strategies now seem to involve tell…
A) The answer is impeachment -- regardless of partisan policy discussions on what we should do with these agencies, there is a strong legal argument that overruling congress via impoundment and/or the actions discussed here violate the constitutions most basic precepts. Our founders, for better or worse, including one escape valve for such a situation: congress reasserting its power via impeachment. I know recent his…
No there isn't. The text of the Constitution says the opposite: it makes appropriation a necessary condition for expenditures, but omits any clause making it a sufficient one. And the only case law on this issue is Train v. New York, which assiduously avoids ruling on the separation of powers issue. So there is neither any basis in the Constitution itself nor any basis in case law for your contention.