"But it very obviously is illegal. And it's illegal in a way that I find kind of scary, especially in terms of the precedent it sets. Under a federal statute, the Antideficiency Act, the government cannot spend money that hasn't been appropriated for that purpose as a general rule. It's actually a criminal act, under some circumstances, to spend unappropriated money."
"Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. Last week, the Trump administration announced that it would pay 1.3 million active-duty troops and tens of thousands of National Guard members who would otherwise go without pay during the government shutdown. Although Congress has not appropriated these funds, the White House says it can cover military salaries by redirecting billions of dollars that were allocated for other purposes."
The administration announced payment for 1.3 million active-duty troops and tens of thousands of National Guard members during a government shutdown by redirecting billions of dollars appropriated for other purposes. Congress has not appropriated those specific funds, raising alarms that the executive branch reprogrammed money without congressional approval. The Antideficiency Act generally prohibits spending money that has not been appropriated and can make such actions criminal in some circumstances. The move prevented service members from missing paychecks but also prompted concern about a dangerous precedent that could erode Congress's constitutional power of the purse.
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