Given its size (535 members), complexity of a broad range of legislative issues, partisan differences, and conflicting views between the two chambers, Congress sometimes proves to be an unwieldy place to produce bills that can be forwarded to the President of the U.S. to be signed into law. Currently, the presence of the coronavirus that is ravaging portions of the population creates a sense of urgency in dealing with important problems involving both health care and the economy. Whenever nettlesome situations occur in governance and action must be taken, it is not unusual for Presidents to rely on producing executive orders instead of continuing to wait for legislative solutions to emerge.

During the month of August 2020, President Donald Trump exercised that option by releasing a series of orders after Congress was unable to reach agreement on a new coronavirus relief package. Democrats in the House previously had approved a $3 trillion bill and offered to lower the amount to $2 trillion. White House officials remained steadfast, however, in supporting the Senate’s $1 trillion proposal, while some Senate Republicans have been opposed to any additional funding. In response to an inability to reach agreement, Senate Majority Leader Mitch McConnell (R-KY) then decided to recess the Senate after discussions collapsed on August 7. That legislative branch will not reconvene until September 8, but its members are prepared to return if the stalemate is overcome and a vote is scheduled.

The executive orders by President Trump include a payroll tax deferral for workers from September through December who make less than $100,000 a year, provision of weekly federal jobless benefits, expansion of a congressionally-approved eviction moratorium that expired in July 2020, relief for student borrowers, increased access to telehealth, support for rural hospitals, and the production of more drugs made in America while loosening federal drug-safety and environmental regulations that are perceived as placing domestic producers at a disadvantage. Perhaps the most controversial of these actions is the one involving the payroll tax deferral.

Democrats instantly expressed their disapproval by referring to where the “power of the purse” is vested. According to the U.S. Constitution. Article 1, Section 7, Clause 1: “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.” The Constitution also contains the following provision in Article 1, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.” Some Republicans were not surprised at objections raised by Democrats, recalling that they also were upset when as part of the Affordable Care Act, President Barack Obama issued an executive order creating subsidies for insurance companies, thereby spending money that had not been appropriated by Congress as the power of the purse demands.

The full impact of these actions by President Trump has yet to be determined. Given the litigious nature of much that characterizes the relationship between Congress and the White House, a likelihood remains that this new set of differences between them will be referred to the courts for a resolution.

Return to July-August 2020 TRENDS

LEGISLATION VS. EXECUTIVE ORDERS

More July-August 2020 TRENDS Articles

ANHEDONIA AND MORE PLEASURABLE TIMES

PRESIDENT’S CORNER

LEGISLATION VS. EXECUTIVE ORDERS

HEALTH REFORM DEVELOPMENTS

DEVELOPMENTS IN HIGHER EDUCATION

QUICK STAT (SHORT, TIMELY, AND TOPICAL)

AVAILABLE RESOURCES ACCESSIBLE ELECTRONICALLY

RACIAL DISPARITIES AND NOMENCLATURE IN NEUROSCIENCE

AUTOPSIES, HEALTH DISPARITIES, AND INFORMED CONSENT