FACT: Only U.S. Congress can abolish USAID



The recent actions by the Trump administration regarding the U.S. Agency for International Development (USAID) have sparked significant controversy and legal debate. According to legal experts and lawmakers, the president cannot unilaterally abolish USAID without congressional approval.

USAID was established as an independent agency by an act of Congress in 1998. The Foreign Affairs Reform and Restructuring Act of 1998 explicitly states that USAID exists “within the Executive branch of Government” unless abolished pursuant to a specific reorganization plan. This statutory foundation means that dissolving USAID would require new legislation passed by Congress.

The attempt to shut down USAID without congressional consent challenges the separation of powers outlined in the U.S. Constitution. Only Congress has the authority to create and abolish federal agencies under its legislative powers and the Supreme Court has consistently recognized Congress’s prerogative in this matter.

Unilateral action by the president to dissolve a congressionally established agency would be unconstitutional.

Senator Chris Van Hollen called the move “a corrupt abuse of power,” while Representative Gerry Connolly stated that Democrats will “fight in every way we can.”

Democratic lawmakers have vowed to fight the administration’s actions through legal challenges in court, Congressional oversight, public opinion campaigns, and legislative action.

If the administration proceeds with its plan to shutter USAID, litigation is likely to follow, potentially from beneficiaries of USAID programs and employees facing layoffs. The action could serve as a test case for the limits of executive power. It may also set a precedent for future attempts to dismantle other federal agencies without congressional approval.

In conclusion, while the Trump administration has taken steps to curtail USAID’s operations, the legal consensus is that the agency cannot be abolished without an act of Congress. The situation remains fluid, with potential legal and political battles on the horizon.

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