Elon Musk's ambitions to dismantle the U.S. Agency for International Development (USAID) have hit legal roadblocks, with constitutional law experts asserting that such actions require congressional authorization. Despite Musk’s claims of backing from President Trump, experts emphasize that both Trump and Musk lack the unilateral powers to eliminate federal agencies like USAID. This legal framework highlights the critical role of Congress in managing federal agencies, ensuring they have the authority to allocate government resources effectively even amidst budgetary cuts proposed by Musk through his newly created Department of Government Efficiency (DOGE).
Elon Musk's claim that he has President Trump's go-ahead to shut down USAID is flatly illegal and unconstitutional, said Laurence Tribe, a Harvard Law School professor.
In our system of government, only Congress wields the power of the purse and the power to create or destroy entire agencies, said Tribe.
The president cannot do this directly and so he can't delegate any authority to do it to Musk or anyone else, said Michael Dorf, a law professor.
The humanitarian aid agency USAID announced it would place nearly all its direct-hire workforce on administrative leave after Musk's controversial statement.
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