Navigating the Power of the Purse—Fiscal Irresponsibility, Process Failures, and the New Constitutional Stress Test

ABSTRACT The federal government, and its budget process, are facing unprecedented challenges. The federal debt is at historic levels, the process is in disarray, and the constitutional balance of powers is being challenged as never before. The debt, driven by growth in entitlement spending, stands at $38 trillion and is projected to continue to grow if no changes are made. The appropriation process has completely broken down. Thirty years have passed since all appropriations bills were signed into law prior to the beginning of the fiscal year, and the government has just endured the longest government shutdown in history. At the same time, the Trump administration has challenged both the laws and norms that have governed relationships between the executive and legislative branches. While many of the problems facing the process are political, there are procedural changes that would assist in achieving a return to both fiscal and constitutional equilibrium.