Can Trump Actually Close Down USAID?
A legal battle looms, as the White House moves forward with shutting down USAID operations, and opponents challenge the constituionality of the pause.
The Trump administration's initiative to suspend the U.S. Agency for International Development (USAID), led by Elon Musk’s Department of Government Efficiency (DOGE), has ignited a legal debate.
Proponents
Supporters of the administration’s actions point to the President’s broad executive powers under Article II of the Constitution, which gives the President authority to direct the operations of federal agencies. Executive orders could legally reduce USAID’s scope or temporarily suspend some programs. Additionally, national security emergencies declared under the National Emergencies Act or the International Emergency Economic Powers Act (IEEPA) could potentially justify redirecting or freezing certain aid programs.
Critics
However, critics, including government unions, contend that permanently dismantling USAID without congressional approval violates the Impoundment Control Act of 1974 and the Constitution’s separation of powers. USAID's funding is allocated by Congress, which holds the exclusive authority to establish or dissolve federal agencies. (House Committee on Appropriations) The American Federation of Government Employees and the American Foreign Service Association are suing the administration.
Consensus
Legal experts concur that indefinite suspensions or dissolutions would likely face judicial challenges unless explicitly authorized by Congress. (NPR)
This situation underscores the ongoing tension between presidential power and congressional oversight in the governance of federal agencies.