Why Negotiation is Pointless
Author: Rebecca Moryl, PhD
Start with your desired outcome - in this case an appropriations bill that includes an extension of subsidies that limit the cost of health insurance under the Affordable Care Act - and then reverse-engineer the steps necessary to get there. This is what researchers in the field of negotiation recommend. Critically, this includes identifying all the parties involved in the negotiation, which helps to determine whether you’re dealing with the right person. 1
The question to ask is whether the person across the negotiating table has the authority to implement a deal. In this Congress, the President overturns appropriations regularly through recissions. So it seems House Republicans don’t actually have the power to implement or enforce any deal they make. Whether you’re dealing with a sleazy salesman who constantly has to ‘check with the manager’ or negotiating an appropriations bill, the rule is the same: don’t sit down to negotiate with someone who doesn’t have the required authority to hold up the bargain.
At this moment it is critical that The Democrats recognize they’re not talking to the authority in this situation. A shutdown is the only thing that makes sense until the rules of the game and the roles of the actors in it are clarified. The use of Recission to undo Congressional appropriations makes it clear that agreements in this context mean nothing.
The process by which the president withholds or delays spending on programs authorized by Congress is set out by the Impoundment Control Act. This practice dates back to the third president, Thomas Jefferson, and it has at times been controversial because the impoundment of funds puts the executive and legislative branches in conflict. 2
Appropriation bills stipulate both the amount to be spent and their intended purpose. 3 The executive branch has three choices when it comes to implementing budget appropriations laws: (1) spend the money, or send a special message to Congress either (2) deferring the spending or (3) cutting the funding for good. Withholding funds outside of this framework is an unlawful impoundment”. 4
Some argue that the impoundment framework prevents the Administration from making cuts that would save money. But that’s not true. If the administration can fully achieve the objectives of Congress by spending less money, it is free to do so, but the role of the Executive is to use the funds for the purpose appropriated.
Back in 2018, the Congressional Institute warned of the use of recission in this way, writing: “congressional Democrats would view the Republicans as treacherous for reneging on the appropriation deal they struck just months ago. Going forward, there would be absolutely no reason for Democrats in either Chamber to work with the Republicans to pass spending bills if they believed the priorities the Democrats insisted on would be immediately repealed by a recession bill while the Republicans priorities are maintained”. 5
This is the situation the congressional Republicans have created and they must lie in their proverbial bed: they’ve allowed rescissions to undo their agreements and therefore proved themselves untrustworthy. Skilled politicians know not to negotiate with those without the power to decide and enforce the agreement. It is not worth the time. Until the Republicans can clarify why the Democrats should trust them to uphold their agreement, there is no point to an agreement. Democrats should not negotiate with untrustworthy partners, or with those too far down the chain of command to be able to keep their side of the bargain.
1: https://www.hbs.edu/faculty/Pages/item.aspx?num=22751
2: https://constitutioncenter.org/blog/can-a-president-refuse-to-spend-funds-approved-by-congress
3: Congressional Research Service, “Introduction to the Federal Budget Process,” updated January 10, 2023, https://crsreports.congress.gov/product/pdf/R/R46240#page30.
4: https://protectdemocracy.org/wp-content/uploads/2025/06/Rescissions-Explainer-1.pdf
5: https://www.congressionalinstitute.org/2018/05/17/rescissions-rescissions-how-congress-can-use-the-rescission-process-responsibly/