Reading Room Document
Presidential Authority to Impound Funds Appropriated for Office of Education Programs
The document discusses the President's authority to impound funds appropriated for various education programs. It concludes that the President has no constitutional authority to refuse to spend funds for education programs where the legislation directs such spending. The document also considers the authority to impound funds for vocational education and higher education programs. It raises questions about the discretionary nature of some programs and the possibility of judicial review for challenging impounding of funds. In summary, the document concludes that the President lacks authority to impound funds for education programs where the legislation directs spending, but raises questions about the discretionary nature of some programs and the possibility of judicial review for challenging impounding of funds.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit