Overstepping Bounds

The US federal budget is decided upon by Congress. The President submits a budget draft to Congress. They debate, haggle, vote, then debate, haggle and vote some more until the Senate and the House agree. The budget is whisked away to the White House to be signed, or not, by the President usa.gov.

The budget is law. With few exceptions the president may not legally interfere with this law. It is the executive’s job to enforce the law, not over ride it. In 2019 Donald Trump was impeached for Obstruction of Congress for freezing aid to Ukraine. The Republican controlled Senate acquitted him but more documentation has come to light (American Oversight).

This time around the Big T again seems to be intent on overstepping the authority of the Reichstag, errr.. Congress. The US Congress has the authority to create Federal Departments. (Constitution Annotated)

ArtII.S2.C2.3.6 Creation of Federal Offices He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The Supreme Court has observed that the Necessary and Proper Clause authorizes Congress to establish federal offices.[4] Cornell Law School

Nowhere is the President given the authority to create or abolish a federal department. The president does not have legal power to abolish the US Department of Education (AP). The money earmarked for this department is law. The president is not vested with creating the Department of Governmental Efficiency (DOGE; like the meme coin). The president also does not have the authority to appoint an officer to lead this illegal department without the Senate’s oversight. 14 States are now suing the Federal Government over DOGE (AP).

For his part, Elon Musk has gained access to government computerized information on private persons, businesses and the Treasury payment system. This rush to get into the government’s computers and the privacy threat posed is unprecedented. Using the excuse to cut government spending to get this access is ludicrous, the budget is law. Trump’s last term racked up the highest deficit in the history of the United States (Treasury.gov)

Billionaire Elon Musk and his band of young Silicon Valley engineers have gained access to IT systems controlling critical functions of the federal government, from the Treasury Department to the Small Business Administration. Vox

Musk is a naturalized South African businessman who has government contracts. The potential for fraud and gaining access to competitor’s bids presents a conflict of interest. Why does Musk want all this information?

Our democracy is set up in a way that does not provide a president with dictatorial powers. Let’s keep it that way.