Proposed 'TRUMP Act' Aims to Block Presidential Executive Orders During Government Shutdowns

The aptly named “Termination of Reckless Unchecked Mandates from this President Act,” or the TRUMP Act, is short, but it packs a punch aimed directly at the executive branch. This bill focuses on one core action: stopping the President from issuing new Executive Orders or Presidential Memoranda during a government shutdown.

The Shutdown Handcuff

Section 2 of this bill, titled “Limitation on Executive orders during lapse in appropriations,” states that if Congress fails to pass a budget and there is a lapse in discretionary funding—the definition of a government shutdown—the President “absolutely cannot use any federal money to create or issue a new Executive Order or Presidential Memorandum.” This restriction kicks in the moment the shutdown starts. Essentially, if the government runs out of operating cash, the President loses the ability to issue new directives through these channels, even if those directives are needed to manage the crisis caused by the shutdown itself.

What This Means for Everyday Life

This isn't just about political infighting; it has real-world consequences. Executive Orders are often used to address immediate, unexpected crises or to clarify how existing laws should be implemented across federal agencies. For instance, if a natural disaster hits during a shutdown, the President might issue a Memorandum to prioritize the allocation of certain limited federal resources, like temporarily redirecting funds to FEMA or waiving certain regulations to speed up aid. Under the TRUMP Act, the President would be blocked from issuing that new directive, potentially slowing down the response and leaving agencies scrambling without clear, updated guidance.

For federal employees, agencies, and the public relying on government services, this means that during a shutdown, the Executive Branch’s ability to pivot, adapt, or manage the crisis is severely curtailed. While the intent might be to prevent a President from pushing through controversial policy changes when Congress is gridlocked, the practical effect is tying the hands of the executive during a period of crisis management. It essentially weaponizes the shutdown, removing the President's ability to mitigate the worst effects of Congressional failure.

The Fine Print and the Fuzzy Edges

The bill’s language, which prohibits using “any federal money to create or issue” a new order, introduces a medium level of vagueness. What exactly counts as “creating” an order? Does it include the salary of the counsel who drafts the order? What about the administrative assistant who prints it? This ambiguity could lead to legal challenges and uncertainty among agency staff already dealing with a lack of funding. While the bill aims to limit presidential power, it also increases the complexity and risk for the federal workers who need clear guidance during a shutdown. It's a classic example of a policy that looks good on paper for limiting political power but could create administrative chaos for the people trying to keep essential services running.