What If A Deadlocked Congress Can Pass No Funding Bills For a Prolonged Period of Time

In this "What If", we explore what would happen if the Constitution were discarded due to a national crisis and Congress was deadlocked.

The U.S. government would enter uncharted legal and political territory, effectively shifting into a form of authoritarian rule or emergency governance.

Here’s how this could play out.

1. Preconditions for Discarding the Constitution

For the President to unilaterally take control of government funding and bypass Congress, a national crisis would need to be declared. Possible justifications could include:

• A severe and prolonged government shutdown leading to economic collapse.
• A national security emergency, such as war, a major cyberattack, or widespread domestic unrest.
• A breakdown of Congressional authority, where neither party can reach an agreement, leading to an institutional failure.

A government shutdown will be Trump's first best opportunity to wrest power of the purse from Congress and all he would need to do is to unify Republicans around a spending bill that the Senate would never pass. Deadlock ensues for a prolonged period of time.

Normally, such a move would be unconstitutional, but in a state of emergency, the executive could attempt to justify it under extreme circumstances.

2. Executive Action: Rule by Emergency Powers

If Congress were unable to act, the President could declare a state of emergency and take the following steps:

• Invoke the National Emergencies Act (NEA): The President can declare a national emergency and use certain statutory powers (but not create new ones).
• Issue Executive Orders to Direct Funds: While unconstitutional under normal conditions, a crisis might allow the President to argue for an emergency reallocation of funds (similar to Trump's 2019 border wall funding reallocation from the military budget).
• Use the Federal Reserve or Treasury: The administration could try to bypass Congress by issuing emergency financial orders via the Federal Reserve, though this would likely trigger massive legal challenges.
• Seize Congressional Powers Temporarily: The President could attempt to suspend Congressional authority and govern through executive action, similar to how some historical leaders have consolidated power during crises.

However, Trump would not have access to the information systems to be able to seize power this way.

Actually, that is not true.

This was true during his 1st administration in 2016. He was prepared this time.

3. DOGE’s Role in Emergency Governance

If the Department of Government Efficiency (DOGE) has access to all funding systems, it could theoretically:

• Bypass the normal appropriations process and direct funds where deemed necessary.
• Cut off funding to agencies or programs deemed inefficient or non-essential, consolidating executive control over federal operations.
• Reallocate federal money to sustain government operations, especially military, law enforcement, and emergency services.

However, this would completely override the constitutional balance of power, leading to major legal, political, and civil resistance.

But, because Trump has emergency powers, he would use federal military forces to quell any rebellion against his rule under the NEA.

4. Legal and Institutional Challenges

Even if the executive takes full control, several legal and institutional forces would push back:

• The Supreme Court: Justices may attempt to block or nullify presidential actions, but if enforcement agencies are loyal to the executive, rulings may be ignored. However, the Supreme Court has no power on the ground. They don't enforce law they interpret law. Trump controls the law enforcement mechanism.
• State Governments: Governors may refuse to comply with federal orders and push back through legal or administrative resistance. However, the federal government has superior military forces versus the State governments, and they would comply or face overwhelming force.
• Federal Employees and Agencies: Many bureaucracies rely on legal precedents and may resist unlawful directives. However, the courts do not have power on the ground to enforce law they interpret law.
• Public and Media Backlash: Civil resistance, protests, and mass unrest could escalate, forcing a political resolution. This would be the best path forward but it may involve tears, blood and loss of life - Trump would not relinquish power that easily.

5. Potential Outcomes

• Soft Dictatorship / Emergency Rule: If Congress remains deadlocked and the Constitution is suspended, the executive could effectively rule by decree, creating a system akin to emergency governance.
• Military or Civil Resistance: If the crisis is perceived as a power grab, military leaders, state governments, and civil institutions may refuse to follow orders, leading to a constitutional crisis or potential conflict - civil war.
• Eventual Restoration of Congressional Authority: Once the crisis subsides, and if Trump hands back power to Congress, Congress may pass emergency legislation retroactively legalizing the President’s actions (as seen in historical wartime governance).
• Permanent Power Shift: If emergency governance proves effective, future administrations might normalize executive control over the budget, altering the U.S. governance permanently.

The United States, regardless, would never be the same again.

Conclusion

While discarding the Constitution would be an extreme and unprecedented move, history shows that crises can push governments to take extraordinary measures. If Trump or any President used DOGE or emergency powers to fund the government without Congress, it would likely trigger a constitutional crisis, massive political opposition, and possible institutional collapse.

Would it work? Only if key power structures (military, financial systems, state governments) complied. Otherwise, resistance from the people, judiciary, states, or even within federal agencies could make it unsustainable.