Many of the Republican senators are voicing growing concerns regarding Elon Musk’s increasing involvement in US federal government operations, following allegations from Democrats about a potential constitutional crisis. Billionaire CEO of Tesla and SpaceX, Musk has been under attack for his moves related to the new body he created called “Department of Government Efficiency” (DOGE). The agency, which was initially supported by former President Donald Trump to target government waste, has sparked controversy for operating without congressional oversight or authority.
Perhaps Musk’s most disputed move was when he attempted to dissolve USAID, the United States foreign aid agency. Because it has hundreds of employees, an act of Congress is needed to abolish it. Critics contend that the decision to close down or reorganize the agency by Musk was undemocratic and violated Congress’s authority to govern federal agencies.
Apart from targeting USAID, the hackers also gained unauthorized access to the federal payments system that manages trillions of taxpayer dollars. This means that there is a likelihood of Musk being able to influence government spending and divert public funds for his own benefits as he benefits through his companies by winning fat contracts from the federal government.
So far, no Republican senator has publicly condemned Musk, but some are asking if the hacker’s actions were legal. Senator Lisa Murkowski of Alaska, who has been known to take a middle ground, expressed her objection to the power that Musk has over shutting down an entire federal agency without any say from Congress. “There is a requirement in the law for 15 days’ notice of any reorganisation. We clearly did not get that. We got the letter yesterday,” she said. It was a reference to the legal requirements to restructure federal agencies, which Musk allegedly disregarded.
Similarly, Maine’s Senator Susan Collins, the chair of the Senate appropriations committee, is also worried that USAID is becoming too opaque about the restructuring Musk has initiated there. “There is a requirement for a detailed explanation of any reorganisations, renaming of bureaus, shifting of centers,” Collins noted. “And again, we have not received that.
Some Republican senators, such as Thoms Tillis of North Carolina, have also warned that the move by Musk could be unconstitutional. They pointed out that Congress must approve shutting down a federal agency like USAID and could not be done unilaterally by Musk. “At some point, it’s going to require congressional action to have staying power,” Tillis said. He added that though Musk’s ideas are novel, they could not be suited for public institutions.
Musk did not make things any better when he publicly attacked USAID as “evil” and “a criminal organisation.” Moreover, he could not resist bragging about feeding the “wood chipper” with the agency. To compound the problems, the new secretary of state, Marco Rubio has taken over the job of the acting director of USAID while indicating that this agency was going to get absorbed into the State Department.
The Republican Senate leader, John Thune, downplayed the situation by saying that Musk had not shut down USAID but only paused its operations to review its spending. However, some Republicans, such as Senator Roger Wicker of Mississippi, believe that totally eliminating USAID would cede global influence to China, especially through China’s Belt and Road Initiative.
The crux of the issue here is based on the constitutional “power of the purse.” This principle, closely held in the Constitution, gives Congress ultimate authority over the federal spending programs. Many Republicans fear that this is being undermined by Musk’s actions, legalized by assertions from Trump. West Virginia Senator Shelley Moore Capito underscored the fact that Congress should retain its authority in all federal spending.
Democrats have adopted a more militant posture, assailing Musk of an attack against democratic processes, with some suggesting the move triggered a “constitutional crisis.” The Senate Majority Leader, Chuck Schumer, promised that the chamber will move to approve a bill restricting the power of Mr. Musk. Schumer charged that his action “is in opposition to how democracies should be run.”.
As the drama unfolds, it remains unclear how far Musk’s influence over federal agencies will stretch, or whether his incursions will trigger legal or legislative action.