Let's Do This: Take a Minute to Learn About Pocket Rescissions, and Another Minute to Send a Letter to Your Senators Opposing Them

Photo by Aleksandar Živković on Unsplash

In an attempt to further consolidate power in the Executive Branch, the Trump administration is considering using something called a “pocket rescission” to cancel congressionally approved funds without any approval from Congress.

Here is the basic idea behind pocket rescissions, which the Government Accountability Office (see here) and leading U.S. senators in both parties (see here) say are illegal:

1. The president sends a rescission package to Congress, asking them to cancel some funding that they already approved;

2. When the president sends a rescission package to Congress, the funding in that package can be frozen for 45 days;

3. Because the fiscal year ends on September 30 every year, if the president sends a rescission package to Congress between August 17 and September 30, the idea is that the funds simply disappear no matter what Congress does as the fiscal year has ended with the funds frozen.

That's the thinking behind a pocket rescission, anyway. Honestly, it reads like a load of nonsense, which is probably why both the GAO and multiple Republican U.S. senators say it is illegal. The Center for American Progress and the Center for Budget and Policy Priorities both agree.

“Pocket rescissions” are a crackpot legal theory cooked up by Trump's closest allies as a means to give him even more power. However, crackpot legal theories have never stopped Trump from trying to consolidate power before, and they likely won't stop him this time, either (especially given how slowly the courts have been moving). Members of Congress—ideally of both parties—need to speak out against pocket rescissions, especially now that we have entered the 45 day window when the Trump administration might try to employ them.

Please, take a minute to click here and use a form I created that allows you to sign and send a short letter urging your U.S. senators to oppose pocket rescissions. Congress should not voluntarily hand over even more congressional power to the Executive Branch.

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Here is the sample letter I wrote for this action:

Subject: Please oppose pocket rescissions and protect checks and balances

"Hi, thanks for taking the time to read my email.

Please oppose any use of pocket rescissions by the current, or any future, presidential administration. Congress has the power of the purse, not the Executive Branch. We need checks and balances, not gimmicky budgetary maneuvers to circumvent the Constitution.

Thank you for your time."

Notes:

• You do not have to use the pre-written letter. You can also write your own letter, if you wish. Some say that is more effective.

• Sending these letters will not result in receiving emails from anyone other than Bowers News Media.

• In order to send your letter, you will have to choose a topic. However, topic lists are maintained by each congressional office, and thus I do not know which topics you will be able to choose from. You will have to use your best judgement.

• After you send your letters, you will be redirected to an ActBlue page for Bowers News Media. However, no donation is required, and if you see this page then your letters have already been sent.

Please, take a minute to click here and use a form I created that allows you to sign and send a short letter urging your U.S. senators to oppose pocket rescissions. Congress should not voluntarily hand over even more congressional power to the Executive Branch.