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Yes, I was going to say that. What Congress has approved, the President must spend.

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sapere aude
by Number 6 on Mon Jan 14th, 2013 at 05:07:10 AM EST
[ Parent ]
But presumably the President can't spend money he hasn't got - so does NOT spending (say) all the military budget duly appropriated constitute a default?  Clearly if he didn't pay defense contractors, it could be construed as a default. But if he closed German military bases, Guantanamo, withdrew early from Afghanistan, didn't renew contracts for private prison operators and defense contractors etc. that is hardly a default as such - but would make Republican heads explode.

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Mon Jan 14th, 2013 at 09:24:10 AM EST
[ Parent ]
Congressional Budget and Impoundment Control Act of 1974

[...] the President may propose to Congress that funds be rescinded. If both the Senate and the House of Representatives have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Congress is not required to vote on such a proposal and has ignored most Presidential requests. [...] The Act was passed in response to Congressional feelings that President Nixon was abusing his ability to impound the funding of programs he opposed, and effectively removed the historical Presidential power of impoundment.

I think you are correct: the president can make changes, but cannot deliberately "starve" programs he doesn't like.

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sapere aude

by Number 6 on Mon Jan 14th, 2013 at 09:35:13 AM EST
[ Parent ]
I'd like to see Republicans sue the President for (say) withdrawing early from Afghanistan or closing Guantanamo because he can't fund it and at the same time refuse him authority to borrow money to fund it...

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Mon Jan 14th, 2013 at 09:39:59 AM EST
[ Parent ]

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