Tag

#congressional bypass

Executive actions that circumvent constitutionally mandated congressional authority, including emergency declarations to bypass arms sale review, spending without appropriation, and military action without authorization.

2 incidents

Grade 2 of 5: Major Abuse of Power

America First Arms Transfer Strategy: Human Rights Safeguards Removed From Weapons Exports

An executive order removed human-rights weighting from US executive arms transfer policy, replacing decades of bipartisan policy with a commerce-first approach. The subsequent emergency bypass of congressional review for $23+ billion in Gulf arms sales demonstrated the immediate consequences of removing these guardrails.

Grade 2 of 5: Major Abuse of Power

Emergency Arms Sales to Gulf States: $16.5–23 Billion (Reported Totals Differ) Bypassing Congressional Review

Using emergency waivers under the Arms Export Control Act, the administration has bypassed Congress to approve massive arms sales to Gulf states, including to the UAE despite documented evidence of UAE weapons flowing to the RSF in Sudan. The earlier rescission of NSM-20 removed an executive assurance policy; statutory conditions such as the Leahy laws remain.