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Impoundment

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Impoundment

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checks and balances

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The presedential refusal to allow an agency to spend congress appointed funds

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When a president refuses to spend money that Congress appropriates, ii is called impoundment of funds. This was a power that that was first exercised by the U.S. President Thomas Jefferson in 1801. In 1974, the Impoundment Control Act was enacted to limit this power of presidents.

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Impoundment.

This was a presidential power dating from the early days of Constitutional governance in the US through 1974, when provisions of the Impoundment Act of 1974 made it almost impossible for a President to not spend appropriated funds.

Thomas Jefferson in 1801 is the first President to impound funds, refusing to spend monies appropriated by Congress. his power was used by Presidents until the end of the Nixon Administration.

The Impoundment Control Act of 1974 provides that a President may propose the rescinding of specific funds, but that rescission must be approved by both the House of Representatives and Senate within 45 days.

However, since there is no requirement for Congress to vote on a rescission request. Without a requirement to vote on the rescission, Congress has effectively removed the Presidential impoundment power since Congress has ignored the vast majority of such Presidential requests.

In 1996, Congress sought to grant the President a "line item veto"; the ability to "veto" or impound approved Congressional spending by vetoing a specific budget line items. Unfortunately, this ran afoul of the Presentment Clause of the Constitution, and the Supreme Court struck down the "line item veto" in 1998.

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