GOP senator admits Musk 'runs afoul of the Constitution' but that 'nobody should bellyache'

04 February

Elon Musk, the richest man in the world, has been making unprecedented moves to slash federal spending with the blessing of President Donald Trump. As the head of the Department of Government Efficiency (which is not yet an official federal agency authorized by Congress), Musk is exploring major cuts to the Department of Education and plans to shut down USAID — the agency responsible for foreign aid. His team has also been granted access to the Treasury Department’s payments system. But unlike much of the country, some Senate Republicans couldn’t be bothered, NOTUS reported on Tuesday.

One major source of distress among experts is that Musk is rejecting appropriations laws passed by Congress -- in other words, taking authority over funding. Sen. Thom Tillis (R-N.C.) said these actions are indeed unconstitutional, but he is not concerned, saying: “Nobody should bellyache about that."

“That runs afoul of the Constitution in the strictest sense,” Tillis said. But “it’s not uncommon for presidents to flex a little bit on where they can spend and where they can stop spending.”

Other Republicans are glad that Musk is looking at cutting costs.

“He’s doing exactly what he should be doing,” Sen. Rick Scott (R-Fla.) said Monday. “He’s going through every agency and looking at how to make sure the money’s spent right.” And while Article I, Section 8 of the U.S. Constitution gives that job to Congress, Scott argued: “It doesn’t look like Congress is doing their job."

“The actions that have been taken with USAID are long overdue,” Sen. Bill Hagerty (R-Tenn.) said. “The agency is out of control.”

Unlike Tillis, Sen. John Kennedy (R-La.) said Musk has not violated the Constitution.

“Mr. Musk is acting under the authority of the president of the United States,” he said. “It’s perfectly legal, perfectly constitutional. And the issue, anyway, is not process. The issue is substance. Did they find wasteful spending, or not?”

Still, some Republicans are concerned. Sen. Susan Collins (R-Maine), the top Republican on the Appropriations Committee, said she was “very concerned about Mr. Musk or any of his assistants going into federal agencies and demanding personal information on employees.” She said that his actions have not met “the requirements of the law.”

Sen. Mike Rounds (R-S.D.) joined Republicans in defending Musk. “He’s working with the president, and they’re making recommendations in some cases on agencies,” he told NOTUS. “But the whole program here is that we’re spending way more money than what we’re bringing in.”

He added: “The president has the authority to operate the executive branch of government. So.”

Click here to read NOTUS' report in full.

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