While Donald Trump may be acting as though he has total, unchecked power right now, the truth is that he does not. In fact, the federal government will shut down after March 14 unless Republicans and Democrats in both the House and the Senate agree on a new government funding bill. Such a shutdown, so early in Trump's second term, and with Republican majorities in both branches of Congress, would make him look very bad.

In the Senate, Republicans need Democrats because the government funding bill is subject to a 60-vote threshold, and Republicans only have 53 votes. In the House, the reason Republicans need Democrats is because they will only have a 217-215 vote majority, and there are a few recalcitrant Republicans who will oppose basically any government funding bill.

This means Democrats in Congress have leverage right now. In a letter to his colleagues on February 3, House Democratic Leader Rep. Hakeem Jeffries vowed to use this leverage to put an end to the illegal spending freezes that Donald Trump is having Elon Musk, OMB Director Russell Vought, and his other minions carry out.

To be clear, all of the spending freezes being threatened or carried out by the Trump administration are illegal. The Executive branch does not have the constitutional authority to refuse to spend money appropriated by Congress and signed into law. This is called impoundment, and as a clear violation of both the Constitution and the 1974 Impoundment Control Act. This is why multiple federal judges have already issued injunctions blocking these spending freezes (see here and here).

Don't expect Trump to back down on these spending freezes easily, though. He repeatedly campaigned on claims that the 1974 impoundment Act was unconstitutional, and promised he would pick this fight once elected. If he succeeds, it will significantly erode the power of Congress, and remove an important check on the Executive Branch.

This is why what Leader Jeffries is doing here is so important. It is not a small thing to threaten to shut down the government, but given the danger that Trump's spending freezes pose to our democracy and its system of checks and balances, it is the bold step that we need right now. We need to let Rep. Jeffries, and all Congressional Democrats, know that they have our support in this difficult, important fight.

Please add your name to the petition supporting Hakeem Jeffries for his vow to use the upcoming government funding negotiations to stop Donald Trump's illegal funding freezes. I will deliver the signatures to his office via email.