President signed the legislation championed by late senator Lindsey Graham last month but has waived the restrictions as they were due to come into effect
www.theguardian.com
Donald Trump has put on hold a sweeping new sanctions package targeting the Russian economy, telling Congress the pause on the legislation passed by both chambers was in the national interest.
In an executive order on Friday, the US president said he was waiving many sanctions, restrictions and duties on Russia, in a move that comes as he has been publicly criticising Ukrainian president Volodymyr Zelenskyy, including suggesting that
Ukraine needs a new leader.
The move was greeted by Russian presidential envoy Kirill Dmitriev, who wrote on social media: “The Trump administration’s suspension of the Graham Act is an important and truly historic moment.”
Trump
signed the legislation last month, after Congress passed the measure in an act of rare bipartisan agreement. It sought to clamp down more quickly on the flow of financial resources fuelling Russia’s war against Ukraine.
A US President cannot legally suspend or nullify laws passed by Congress and signed into law.
Under Article II, Section 3 of the U.S. Constitution, the President is bound by the
Take Care Clause, which explicitly mandates that the Chief Executive "shall take Care that the Laws be faithfully executed". The U.S. legal system deliberately omitted the historic "suspending power" once held by English monarchs, meaning the executive branch has no unilateral authority to declare an active statute void.
While a President cannot formally
suspend a law, there are legal nuances and avenues of presidential authority that can affect how a law is practically applied:
- Enforcement Discretion (Prosecutorial Discretion)
While the President cannot strike down a law, the executive branch controls the machinery of enforcement (such as the Department of Justice and federal agencies). Through
prosecutorial discretion, an administration can choose to de-prioritize the enforcement of certain laws or allocate limited resources elsewhere. This does not suspend the law, but it can render it practically dormant or weak in execution.
2. Statutory Authority Granted by Congress
Congress frequently passes laws that contain explicit provisions giving the President emergency powers or waivers. In these cases, if a President "suspends" a specific regulatory requirement or provision, they are not acting above the law; they are exercising a mechanism
specifically permitted by that statute.
3. Delays and Deadlines
In some instances, Presidents have delayed the implementation of specific provisions of a law due to logistical or administrative challenges. However, arbitrary or indefinite postponements that cross into outright defiance of a congressional mandate can be challenged in federal court.
4. Impoundment of Funds
Historically, Presidents sometimes tried to suspend laws by refusing to spend the money Congress allocated for them (known as impoundment). However, the
Impoundment Control Act of 1974 severely restricted this practice. Today, a President can only defer or request the rescission of funds under highly strict guidelines and must notify Congress.
5. Constitutional Challenges (Signing Statements)
If a President signs a bill into law but believes a specific provision violates the Constitution (for example, if it encroaches on executive war powers), they may issue a
presidential signing statement. Modern Presidents have used these statements to announce that the executive branch will construe or enforce the law in a manner consistent with their interpretation of the Constitution.
Ultimately, if a President attempts to unilaterally suspend a valid law without statutory permission, the primary recourse is through the
judicial branch, which can rule the executive action illegal or unconstitutional, or through
Congress, via legislative corrections, funding restrictions, or impeachment.