An open letter to the U.S. Senate

Halt unconstitutional restructuring of USAID by Elon Musk

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The Trump administration's actions to dismantle USAID through the Department of Government Efficiency (DOGE) under Elon Musk's leadership raise serious constitutional concerns. The federal judge's ruling that this likely violates the Constitution makes a compelling case that Musk cannot wield such vast power over a congressionally-created agency without going through the constitutionally-mandated process of presidential nomination and Senate confirmation. Musk has exercised "firm control over DOGE" according to the judge, making key decisions like putting top USAID officials on leave and terminating the majority of the agency's programs and contracts in an effort to effectively eliminate USAID altogether. However, the Constitution's Appointments Clause requires Senate approval for officials exercising such sweeping authority over federal agencies. Allowing Musk to restructure the federal government without any oversight or accountability circumvents this crucial system of checks and balances. Unless Musk is formally nominated by the President and confirmed by the Senate for a role with this level of influence over USAID and other federal entities, his continued leadership of DOGE contravenes constitutional principles. Respect for the separation of powers and the authority vested in Congress by the Constitution requires that Musk either step aside from DOGE or submit himself to the Senate confirmation process. Protecting USAID's congressionally-mandated mission and funding also necessitates compliance with the court order to reinstate staffing and access in the interim. Upholding the Constitution must take precedence over unilateral executive actions that undermine its framework.

▶ Created on March 18 by Electronic Frontier Foundation

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