Trump Has Launched a Necessary Fight Over the President’s Spending Discretion

Whether he realizes it or not, he could help restore the system the Founders envisioned.

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President Donald Trump speaks before Pam Bondi is sworn in as U.S. Attorney General in the Oval Office at the White House in Washington, D.C., February 5, 2025.

Andrew Harnik/Getty Images

President Trump’s attempted freeze on discretionary federal spending has run into a buzz saw of condemnation in Washington. As with several of Trump’s initiatives, opponents claimed that he had violated the Constitution and threatened the American system of government. They even convinced a federal judge in Washington, D.C., to temporarily block the order. But what critics, and perhaps even Trump, may not understand is the greater significance of this fight: it represents an effort to free the presidency of the Watergate “reforms” that have long handicapped it.

In the disputed order, the White House directed federal agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance” and “identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements.” After the federal court injunction, White House officials backpedaled, at first conceding that they had rescinded the freeze but then claiming that it remained in effect.

John Yoo

About the Author

John Yoo

John Yoo is the Thomas W. Smith Senior Fellow at the Civitas Institute, University of Texas at Austin; Emanuel S. Heller Professor of Law at the University of California at Berkeley; and a nonresident senior fellow at the American Enterprise Institute. He is a co-author of the just-released two-volume American Constitutional Law (Routledge, 2026).

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