As I recall, the system was set up with 3 branches of government in tension. Obviously, that was naive.
> For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $500,780,000, to remain available until September 30, 2027.
Neutering the department that would normally do this and kneecapping the ability to spend that appropriation effectively sidesteps how the executive and legislative have divided responsibilities back to the founding of the Republic.
This is a pretty big systemic issue. There's a normal amount of tug of war between the executive's implementation of congressional appropriation, but deliberately breaking multiple departments so that funds can't be effectively spent is something new that upends our normal checks and balances.
In the past, when Congress tried to delegate the power to selectively suppress spending through mechanisms like the line-item veto, the Supreme Court struck it down as an unconstitutional violation of the separation of powers. Now, however, the executive branch is effectively wielding even greater power by deliberately impairing departments, circumventing Congressional appropriations without the constraints or oversight previously deemed essential.
Now I understand that we may spin up a deliberately ineffective agency, and that courts have given the executive a lot of leeway on administrative structuring. But allowing the executive to deliberately frustrate congressionally appropriated expenditures undermines separation of powers.