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Is Trump pushing his presidential powers beyond what the Constitution allows?

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Is Trump pushing his presidential powers beyond what the Constitution allows?

President Trump has begun his second term pressing his power to reshape the government by firing federal officials, ending diversity policies and deporting immigrants who are in this country illegally.

Despite fierce criticism, he is likely to succeed on those fronts because the Constitution and the laws generally put those powers in the hands of the president.

“Under our Constitution, the executive power — all of it — is vested in a president,” Chief Justice John G. Roberts Jr. said in 2020. And that includes the president’s nearly “unrestricted removal power” of officials throughout the government, he said.

The court’s conservative majority has also struck down racial diversity policies in universities and said repeatedly that the president has broad authority to enforce immigration laws.

In some areas, however, Trump appears to be claiming powers that go well beyond the president’s authority set out in the Constitution.

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He says he can, by executive order, rewrite the 14th Amendment of 1868 and deny citizenship to some children who are born in the United States to parents who are not citizens.

And this week, the White House claimed the power to temporarily freeze federal spending that has been approved by Congress to see whether it is aligned with “presidential priorities.”

On Wednesday, the White House quickly rescinded the freeze memo that set off alarm and confusion across the country. But a legal debate persisted over whether Trump exceeded his authority by making the move.

The Constitution gives Congress what is often called the “power of the purse.” While the president may propose a budget and veto spending bills he opposes, Congress in the end gets to decide how much is spent and for what.

The current spending measures came from the Republican-controlled House of Representatives. Even so, Trump’s Office of Management and Budget said in its two-page memo that it needed to pause spending to prevent using federal money to “advance Marxist equity, transgenderism and green new deal social engineering.”

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Despite those novel claims, the conflicts over spending are not new.

Presidents have often disagreed with Congress on budget matters, and the dispute flared up in the early 1970s when President Nixon refused to spend money on social programs that had been supported by congressional Democrats.

In response, Congress adopted the Impoundment Control Act of 1974 to resolve disputes. It says the president may seek to “defer” some spending temporarily or “rescind” it entirely if Congress approves. This hold or pause can last for 45 days.

Under that law, the Trump administration could ask Congress to reconsider some spending items. But if Congress refuses, the law says the money must be disbursed.

Trump, however, has insisted the impoundment act is unconstitutional, and he has been determined to challenge it. His campaign website said the law’s restrictions infringe the president’s powers to “crush the Deep State.”

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Moreover, he said, “leading constitutional scholars agree that impoundment is an inherent power of the president.”

Stanford Law professor Michael M. McConnell, a former federal appeals court judge appointed by President George W. Bush and the director of its constitutional law center, finds that claim questionable.

“I do not know a single scholar who thinks the president has the constitutional authority to violate the Impoundment Control Act,” McConnell said.

A federal judge in Seattle has temporarily blocked Trump’s order ending birthright citizenship and described it as “blatantly unconstitutional.”

On Tuesday — before Trump rescinded the spending-freeze memo — a federal judge in Washington, D.C., temporarily blocked the administration’s “pause” on federal spending.

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White House Press Secretary Karoline Leavitt said rescinding the memo should “end any confusion.” But she added that the budget office will continue to examine the spending programs to see whether they comply with Trump’s executive orders.

These tests of presidential powers may ultimately reach the Supreme Court, particularly if Trump administration lawyers file emergency appeals to challenge any judges who block his orders.

They will go before a court with six conservative justices who are Republicans appointees — three named by Trump — and believers in strong executive power.

Last year, justices surprised many legal experts when they ruled broadly that an ex-president cannot be prosecuted for “official acts” while in the White House.

“Under our constitutional structure of separated powers,” the president may not be punished in court for the “exercise of his core constitutional powers,” Roberts wrote in Trump vs. U.S.

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Now, the court may have to decide whether the president’s powers extend well beyond the core duties of his office.

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.

The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.

The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.

“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.

The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.

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Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.

“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”

Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”

“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”

The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

transcript

transcript

Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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