- USAID has become one of Elon Musk’s main objectives in his attempt to shorten government spending.
- Musk’s movements to dismantle federal agencies like USAID are completely illegal, say constitutional law experts.
- The Congress Authority is needed to close a federal agency, experts said.
Elon Musk’s efforts to remove the federal government agencies such as the US Agency for International Development are undoubtedly illegal, constitutional law experts say.
Without Congress action, Musk – Titan of billionaire technology now serving in the Trump administration – nor President Donald Trump has the legal authority to do so, experts told Business Insider. And so far, the Republican -controlled Congress has not taken any public action to postpone against the mass.
The Humanitarian Aid Agency known as USAID announced on Tuesday that it was decided to establish almost all of its direct labor force throughout the globe with administrative permit at the end of the week, just one day after Musk said in a post X that he “passed the weekend that feeds USAID in wood chipper”.
“Elon Musk’s claim that he has the progress of President Trump to close USAID is completely illegal and unconstitutional,” said Laurence Tribe, a Harvard law school professor.
“In our government system, only Congress has the power of the bag and the power to create or destroy all agencies to distribute the money the government raises in taxes or borrowings from the owners of the bond,” Trisi said.
Nor does the president have the unilateral authority to take an ax before the federal agencies as Musk says, the legal researcher said.
“The president cannot do this directly and so he cannot delegate any authority to do it to Musk or anyone else,” said law school professor Cornell Michael Dorf.
Whereas the head of the government’s or Doge Efficiency Department, Musk, with Trump’s support, has made his new mission to reduce spending from the federal government – and USAID has become one of Musk’s main objectives.
President John F. Kennedy initially established USAID through an executive order in 1961, and Congress later officially established it as an independent agency through the 1998 Foreign Reform Act and restructuring.
“Congress may cancel it, but the president cannot close it unilaterally,” Dorf told USAID, adding, “This is clearly illegal and a violation of Trump’s oath to ensure that the laws are executed faithfully . ”
Earlier this week, the US State Department announced that Trump has appointed Secretary of State Marco Rubio as the USAID administrator.
The State Department said in a statement that Rubio announced the Congress that a summary of USAID foreign aid activities is developing with one eye towards possible reorganization. “
Rubio wrote in a letter to the Congress: “The State Department and other relevant entities will be consulted with the appropriate congress and committees to reorganize and absorb certain USAID offices, offices and missions.”
Regarding the fact that the Trump administration can legally reorganize USAID, Roderick Hills, a NYU school professor who explores administrative and constitutional law, said BI which is also against the law.
“Some statutes, occasionally, have given presidents close and limited powers in time, but none of them give President Trump any power to reorganize USAID,” Hills said. “In fact, USAID’s legal background makes it clear that President Trump’s actions here violate the federal law.”
The Trump administration led all USAID direct rental staff, with some exceptions, placed on rest – effectively closing a quick number of agency. Illustration by Justin Sullivan/Getty Images
USAID was created to operate independently
The Congress designed USAID to operate independently of the State Department, the tribe said. “There is no legal gap that they can call to make their actions legal,” he said.
The legal expert said that the apparent omission by the Congress led by the GOP on this issue suggests that the Republicans in control of the Congress are afraid to face Musk’s “boundless assets”.
On Wednesday, home President Mike Johnson defended Musk’s role as Doge’s chief and his efforts to shorten government spending, arguing that the executive branch is operating “within the scope of their authority”.
Johnson said the Republicans would “strongly defend” the role of Congress in the government. “But what is happening now is a big reaction in the media to what is happening,” Johnson said.
“The executive branch of the government in our system has the right to assess how the executive branch agencies work,” he said. “There is an energy capture.”
A host of the Democratic lawmaker, on the other hand, sounded the alarm.
“USAID was created by federal law and funded by Congress. Donald Trump and Elon Musk cannot congratulate it with a pen of a pen – they have to adopt a law,” said Democratic Senator Brian SChatz of Hawaii.
James Gardner, a professor at the University of the Law School Buffalo, told Bi that Congress has given USAID many functions with the statute, “and does not belong to anyone, but to decide that he should not perform the functions that Congress has instructed performance . ”
“The Constitution defines the President as the main implementer of the law, not the manufacturer of laws,” Gardner said.
Although experts say the attempt to distribute USAID is illegal, does not mean it cannot happen.
Trump told reporters on Monday that the closure of USAID “should have been done long ago” and said he did not think the mass would need approval by Congress.
A White House official insisted on a statement on Wednesday that federal law was being respected.
“Doge is fulfilling President Trump’s commitment to make the government more responsible, efficient and, most importantly, by restoring the proper administration of US taxpayers’ difficulties,” the official said. “Those who lead this mission with Elon Musk are doing so in full compliance with federal law, proper security clearances and as employees of the respective agencies, not as advisors or external entities.”
While talking to reporters at the Oval office on Monday, Trump explained Musk’s power, saying CEO of Tesla and Spacex could make no movement without the green light from its administration.
“Elon cannot do and will do nothing without our approval,” the president said. “And we will give him the approval where it is appropriate. When it is not appropriate, we will not.”
Musk did not immediately respond to a comment request for this story. The State Department refused to comment and instead referred to the latest statements from Rubio and the White House.