Garamendi and Fletcher Lead House Resolution Condemning Donald Trump’s Executive Overreach, Reaffirming Congress’s Constitutional Powers

WASHINGTON, DC – Today, Congressman John Garamendi (D-CA-08) and Congresswoman Lizzie Fletcher (D-TX-07) introduced a House resolution reaffirming a foundational principle of the U.S. Constitution: that no one—not even the President—is above the law. The resolution also reasserts Congress’s constitutional authority to declare war, control federal spending, and conduct oversight.

This resolution comes six months into President Donald Trump’s second term, which has been marked by escalating systematic erosion of constitutional norms and executive overreach by his administration.

The resolution is endorsed by more than a dozen public interest and legal advocacy organizations, including the Project on Government Oversight, Campaign Legal Center, and the National Women’s Law Center Action Fund. These organizations stand united in reasserting the essential roles of the legislative and judicial branches, that that every person deserves due process and equal protection under the law, and in declaring unequivocally that no individual – especially the President—is above the law.

“It’s been over six months since President Trump began his second term, and he has repeatedly shown contempt for the Constitution, the courts, and the democratic institutions that safeguard our republic,” said Congressman Garamendi. “This resolution affirms what should be nonpartisan truths: that the separation of powers matters, that Congress controls the public purse, and that the rule of law applies to everyone—especially the President of the United States. In the face of escalating threats to our constitutional order, Congress must not remain silent. This resolution is a declaration of principle and a call to action.”

“Every member of Congress takes an oath of office to support and defend the Constitution of the United States,” said Congresswoman Lizzie Fletcher.  “As Americans become increasingly alarmed by the Trump administration’s abuse of power, executive overreach, and open defiance of the rule of law, it is important that members of Congress are reminded of their duty to support and defend the Constitution.  That is why I am joining Congressman Garamendi in introducing this legislation to reaffirm our commitment to the Constitution and the rule of law. Support for our Constitution is not a partisan or controversial issue, and it is something that every member of Congress should support, regardless of party.”

The resolution highlights numerous constitutional principles that have been undermined by the Trump Administration including the withholding of Congressionally appropriated funding, attacks on judicial independence, and the politicization of the civil service. It also draws on the warnings of the Founders, including James Madison, George Washington, and John Adams, about the dangers of unchecked executive power.

The resolution:

• Reaffirms Congress’s constitutional authority over federal spending, war powers, and oversight.
• Condemns the Trump Administration’s repeated violations of court orders and its attacks on judicial independence.
• Asserts that public funds cannot be withheld or redirected without explicit authorization from Congress.
• Urges all public officials to reject actions that undermine democratic institutions or disrupt the balance of power.
• Defends a professional, nonpartisan civil service—protected from political purges—as vital to ensuring the federal government works for the people, not for the President’s personal or political gain.

Original cosponsors include Representative Fletcher (TX-07, co-lead), Representative Carter (LA-07), Representative Costa (CA-21) Representative Doggett (TX-37), Representative Green (TX-09), Representative Jackson (IL-01), Representative McIver (NJ-10), Representative Moulton (MA-06), Representative Mullin (CA-15), Delegate Holmes Norton (D.C.), Representative Salinas (OR-06), Representative Schrier (WA-08), Representative Soto (FL-09), Representative Thanedar (MI-13), and Representative Veasey (TX-33).

Endorsing Organizations: American Governance Institute, American Humanist Association, Campaign Legal Center, Center for Reproductive Rights, Common Cause, Democracy Defenders Action, Equality California, Freedom From Religion Foundation Action Fund, People for the American Way, National Association of Social Workers, National Women's Law Center Action Fund, NETWORK Lobby for Catholic Social Justice, Project on Government Oversight, and the Secure Elections Network.

You can read the full resolution here and below.

Resolution, Reaffirming the principles of the United States Constitution, including separation of powers and the rule of law, and condemning efforts to undermine the same.

Whereas the United States of America is a constitutional republic, and the Constitution has served as the supreme law of the land since its adoption in 1789;  

Whereas the Constitution of the United States created three branches of government, the Legislative, the Executive, and Judicial branch, granting distinct powers to each to avoid consolidation of power in any one branch;

Whereas Congress, as the first branch of government, has the constitutional duty to declare war, regulate commerce, raise revenue, appropriate funds, and conduct investigations and inquiries into the administration of law;

Whereas Article I, Section 9, Clause 7 of the U.S. Constitution explicitly states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”;

Whereas James Madison, in Federalist No. 58, declared that “this power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people";

Whereas the President is not above the law;

Whereas, the President has a duty to refrain from using the vast powers of the Executive branch, including the Department of Justice, to arbitrarily prosecute or intimidate personal or political opponents;

Whereas a professional, nonpartisan civil service protected from political purges and undue influence helps ensure that the federal government functions for the people, not the personal or political interests the President;

Whereas governments that undermine the rule of law experience democratic backsliding, capital flight, and other forms of economic and civil instability;

Whereas article III of the Constitution of the United States vests the “judicial Power of the United States . . . in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”;

Whereas the Judiciary plays an essential role in ensuring that the Executive faithfully executes the laws and does not exceed its constitutional authority;

Whereas orders issued by Federal judges are binding, and the Constitution of the United States and established precedent require the executive branch to comply with all Federal court rulings;  

Whereas, as recently affirmed by the Chief Justice of the Supreme Court, “for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision”;

Whereas, as is inscribed on the Department of Justice headquarters, "No free government can survive that is not based on the supremacy of the law. Where law ends, tyranny begins";

Whereas John Adams, in his Thoughts on Government, declared that “the very definition of a republic is ‘an empire of laws, and not of men’”;

Whereas George Washington, in his Farewell Address, cautioned that “cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government”;

Whereas James Madison, in Federalist No. 47, warned that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny”;

Whereas Thomas Jefferson said “An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others.”

Whereas, in the words of James Madison “ambition must be made to counteract ambition” between the three branches of government; and

Whereas the presidency is a position of service, and Presidents swear an oath to preserve, protect, and defend the Constitution of the United States: Now, therefore, be it  

Resolved, that the House of Representatives of the United States of America:

1. reaffirms the principles of the United States Constitution, including the separation of powers, checks and balances, the independence of the judiciary, and the power of Congress to control spending, declare war, and conduct oversight;
2. reaffirms the protections for individual rights enshrined in the Constitution including due process of law;
3. condemns any efforts by public officials to undermine congressional authority, violate or ignore court orders or otherwise undermine the judiciary, the independence of executive agencies or the impartial application of the rule of law, or consolidate power in any single branch of government;
4. declares that appropriations made by Congress are law, not mere recommendations, and condemns any attempt to withhold, misdirect, or spend funds without congressional approval;
5. urges all public officials, regardless of party, to reject any actions that seek to subvert congressional or judicial authority or otherwise threaten the constitutional order.

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