HR 5371
Subject: Urgent Concerns Regarding H.R. 5371 and Its Infringement on Presidential Authority
Dear [Recipient's Name or Sir/Madam],
I am writing to express my deep concerns about H.R. 5371, the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, which was signed into law on November 12, 2025. While presented as a necessary measure to avert a government shutdown and provide fiscal continuity, this legislation represents a significant overreach by Congress that directly impedes the constitutional powers of the President of the United States. By imposing stringent restrictions on executive discretion, particularly in areas of national defense, foreign affairs, and administrative management, the bill undermines the separation of powers enshrined in our Constitution and poses a threat to our nation's democracy and sovereignty.
Violations of Presidential Powers Through Specific Bill Provisions
H.R. 5371's Division A, the Continuing Appropriations Act, 2026, extends funding at FY2025 levels but includes numerous provisions that curtail the President's ability to execute laws faithfully and respond dynamically to emerging threats. For instance:
Section 102(a) prohibits the Department of Defense from initiating new production of items not funded in FY2025, increasing production rates beyond those sustained in the prior year, or starting/resuming any project, activity, or operation without prior congressional authorization. This directly hampers the President's role as Commander in Chief, limiting the executive's capacity to adapt military strategies or procure necessary resources in response to evolving global challenges.
Section 104 further restricts the executive by barring the use of funds for any project or activity not available during FY2025. Combined with Section 109, which prevents high initial rates of operation or rapid distribution of funds, these measures effectively tie the President's hands, preventing proactive measures in defense and other critical areas.
Section 120 imposes a blanket prohibition on reductions in force (RIFs) for federal employees, mandating notifications and backpay for any such actions, with limited exceptions. This micromanagement of workforce decisions encroaches on the executive's administrative authority, making it difficult for the President to streamline operations or reallocate personnel as needed for efficiency or national priorities.
These restrictions extend to foreign affairs, where Section 113 provides limited waivers but maintains prohibitions on foreign contracts (e.g., Section 111 limiting foreign architect contracts and Section 112 restricting foreign contractors in the Pacific). In Division B (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations), funding for the Foreign Agricultural Service and programs like Food for Peace ($1.2 billion) and McGovern-Dole International Food for Education ($240 million) is tightly controlled, requiring congressional notifications and monitoring (e.g., Section 741 for aid oversight). Such provisions limit the President's flexibility in conducting foreign policy, potentially hindering diplomatic efforts or responses to international crises.
Constitutional Violations
These impediments explicitly violate Article II of the U.S. Constitution, which delineates the executive powers of the President:
Article II, Section 2 designates the President as Commander in Chief of the Army and Navy, granting authority over military decisions. By restricting new defense initiatives and production (Sections 102 and 104), Congress oversteps its Article I appropriations role, infringing on the President's command authority and risking national security.
Article II, Section 3 requires the President to "take Care that the Laws be faithfully executed." The bill's numerous reprogramming and transfer limitations (e.g., Section 716 requiring 30-day congressional approval for shifts over $500,000 or 10%), along with prohibitions on office closures or relocations without notice (Section 779 in USDA), undermine this duty by subjecting executive implementation to excessive congressional veto-like oversight.
While Congress holds the power of the purse under Article I, Section 9 ("No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law"), H.R. 5371's granular controls represent an unconstitutional expansion, transforming appropriations into a tool for micromanaging executive functions. This blurs the separation of powers, allowing legislative interference in day-to-day governance.
Congressional Overreach as a Threat to Democracy and Sovereignty
This overreach by Congress threatens the foundational principles of our democracy. By constraining the executive's ability to act decisively—especially in defense and foreign affairs—the bill weakens our nation's sovereignty, making us more vulnerable to external threats. The partisan wrangling that led to the October 2025 government shutdown, resolved only after weeks of deadlock, exemplifies how such legislation exacerbates divisions, prioritizing political gamesmanship over unified governance.
In his Farewell Address of 1796, President George Washington warned of the dangers posed by party splits and foreign entanglements, which resonate profoundly here. On party divisions, Washington cautioned: "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension... is itself a frightful despotism." The contentious passage of H.R. 5371, marked by failed votes and accusations of political leverage (as seen in the rejection of earlier versions extending healthcare subsidies), embodies this "spirit of revenge," turning fiscal policy into a battlefield that erodes public trust and national unity.
Regarding foreign affairs, Washington advised: "It is our true policy to steer clear of permanent alliances with any portion of the foreign world." Yet, the bill's earmarked foreign aid programs (e.g., in Division B) entangle the U.S. in ongoing international commitments without sufficient executive leeway, potentially drawing us into prolonged dependencies that Washington deemed "trials of foreign affairs." By mandating rigid funding and oversight, Congress not only impedes the President's diplomatic prerogatives but also risks amplifying these entanglements, compromising our sovereignty.
Call to Action
I urge you to reconsider the implications of H.R. 5371 and advocate for reforms that restore balance to our branches of government. Upholding the Constitution demands vigilance against such encroachments, ensuring the President can fulfill their duties without undue legislative interference. Our democracy's strength lies in checks and balances, not in one branch's dominance.
Thank you for your attention to this critical matter. I look forward to your response.
Sincerely,
