GOP Senator Says Trump Destruction Is Good Way to “Test” Constitution
Senator David Curtis seemed pleased that Donald Trump is causing a constitutional crisis.
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At least one Republican lawmaker is openly admitting that he’s interested to see how Donald Trump’s unconstitutional challenges to the federal government will “play out.”
During an interview on CBS’s Face The Nation Sunday, Utah Senator John Curtis appeared to encourage a constitutional crisis by suggesting that the president’s decision to freeze congressionally appropriated funds to agencies such as the U.S. Agency for International Development should be welcomed as a test to the Constitution.
“Do you believe the president has the unilateral authority to cancel funds appropriated by Congress?” asked CBS’s Margaret Brennan.
“Well what we’re seeing play out is this wrestle between the three branches of government,” Curtis said. “We’ll find out.”
“You don’t have a point of view?” pressed Brennan.
“Well, listen, I believe in the Constitution, right? I believe this is how we test the Constitution,” Curtis continued. “And people have said, ‘Oh this is a constitutional crisis.’ And I say exactly the opposite. It’s proving to work. We have the courts play in, we have Congress who will play in.
“Let’s let this play out by the Constitution, and then Congress—let’s step up. Right? I’ll be the first to say it, this is a problem that Congress has, in many cases, given the American people,” Curtis added.
BRENNAN: Do you believe the president has the unilateral authority to cancel funds appropriated by Congress?
— Aaron Rupar (@atrupar) February 23, 2025
JOHN CURTIS: We'll find out
BRENNAN: You don't have a point of view?
CURTIS: I believe this is how we test the Constitution pic.twitter.com/1jQBHUmYmj
The Trump administration’s prerogative, however, seems less inclined to follow the law on this particular issue.
The Impoundment Control Act of 1974 grants Congress the authority to reexamine executive branch withholdings from the budget. In a 1985 memorandum, Supreme Court Chief Justice John Roberts argued that the executive branch has no authority to block such spending and that “impoundment is not a promising avenue for resolving budget disputes with Congress on any significant scale.” He also urged that the power could not be wielded under “normal” circumstances.
“Our institutional vigilance with respect to the constitutional prerogatives of the presidency requires appropriate deference to the constitutional prerogatives of the other branches, and no area seems more clearly the province of Congress than the power of the purse,” Roberts wrote at the time.
But when asked during his confirmation hearings if he would obey the Impoundment Control Act, Trump’s then-nominee to run the Office of Management and Budget (and Project 2025 architect), Russell Vought, claimed that the law itself was unconstitutional and that he would defer to the Trump administration as to whether his office would act in accordance with the law.
Former lawmakers haven’t been shy about criticizing the current state of the Republican Party for failing to stand up to Trump’s overbearing administration.
Speaking with MSNBC earlier this month, former Florida Representative David Jolly argued that the country is in a “constitutional crisis,” and his party has been “facilitating it.”
“The constitutional crisis is because the Republican Congress has collapsed,” the Republican told the network.
“It is listless and meaningless, it is not providing the check that the Constitution suggests it should in this environment,” he said, arguing that the only existing check that remains on the “lawlessness and corruption” of Trump and Elon Musk’s power is in the courts, which “takes time.”
“But the immediate ability to rush to the fire is the Congress, and they’ve just laid down and said, ‘Hey, Donald Trump is running this place, and Elon Musk is as well, and we’re giving up any authority,’” Jolly said.