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The federal budgeting process is very complex and arcane, and one thing to remember in this current situation is that this “Omnibus” spending bill is just that: A spending bill, not a formal budget. It is a compilation of suggested spending levels for each executive branch department and the military, along with an array of restrictions that dictate how some, but not all of that money can be spent.

I wish people would get off of this. The "Budget" is not something that Congress passes. It is the proposed spending by each agency, congressioal control line by congressional control line. The budget is then marked by the appropriations subcommittees - and that happened a long time ago.

Then an appropriation is passed - in normal order, which we haven't seen in a long time - in some eleven separate appropriations bills. An omnibus bills takes those 11 and staples them together and passes them all at once. It's a budget and it's legal and I wish folks would get way over the notion that there are "no controls" or the laws are not being followed or some such.

There is a budget, the Congress has appropriated money agains that budget (with some puts and takes that they put into law) and passed it and the President signed it.

Nothing is missing except care and wisdom, but that's a moral issue, not a legal one.

You’re reading a lot of stuff into the piece that I didn’t say.

Yes, the Omnibus takes language from all of those discarded appropriations bills. But that is not at all the same thing as passing formal appropriations, nor does it have the same legal effect.

And I said the President has “broad discretion” not “total discretion” as I’ve seen many people stating. Again, not at all the same thing.

I also pointed out the legal restrictions the Omnibus bill places on the President’s discretion, while also correctly pointing out that those restrictions are trumped by a national emergency, two of which have already been declared by the POTUS without a peep of objection from anyone in congress.

I personally doubt the President will ultimately take the steps he’s hinting about in this tweets, but I sure wish he would. There is little doubt he has the authority to do so, and the supreme court would rule in his favor, possibly with a unanimous decision.