Do Elon Musk and DOGE have power to close US government agencies?

The Department of Government Efficiency – the Trump administration’s cost-cutting agency, headed by billionaire business owner Elon Musk – has put hundreds of federal officials on leave, gained access to sensitive federal payment systems and led the charge to shutter federal agencies.

The pushback against DOGE, as it is called, has been swift, as legislators and the public ask whether Musk can downsize, restructure or eliminate agencies authorised and funded by Congress.Senate Minority Leader Chuck Schumer, for New York, wrote on X on February 3: “An unelected shadow government is conducting a hostile takeover of the federal government. DOGE is not a real government agency. DOGE has no authority to make spending decisions. DOGE has no authority to shut programs down or to ignore federal law. DOGE’s conduct cannot be allowed to stand.”

At a news conference the following day, Schumer said the idea that DOGE is acting unlawfully “is not debatable. It is an indisputable fact.”

Officially, courts will decide whether that’s indisputable or not.

Because that hasn’t happened yet, we asked the White House what constitutional or statutory authority DOGE is operating under. The White House, in a statement, cited neither specific laws nor constitutional provisions. It said: “Those leading this mission with Elon Musk are doing so in full compliance with federal law, appropriate security clearances, and as employees of the relevant agencies, not as outside advisors or entities.”

Here, we take a closer look at Schumer’s statements about DOGE and its status and authority within the United States government.

Legal scholars and government operations experts said they see little in the Constitution or US law to support the executive branch acting alone to overturn what Congress has authorised and funded.

“This is a question that has a very clear answer: Congress and Congress alone has the authority to enact appropriations measures,” said Michael Gerhardt, a University of North Carolina law professor. “The president does not have unilateral authority to shut down an expenditure, or instrumentalities funded by Congress, without the authorisation of Congress.”

Is DOGE a real government agency?

DOGE isn’t a conventional government agency; those are typically created by Congress with a mission and a fixed amount of funding. By contrast, DOGE’s budget and staffing are largely a mystery.

The Trump administration established it by executive order on January 20, 2025.

The order said an administrator who reports to the White House chief of staff would head DOGE and that its operations would cease on July 4, 2026. The order also establishes “DOGE teams” of at least four people within each federal agency.

The White House has said Musk is a “special government employee”, a decades-old government category for someone who works 130 days or fewer during a year. Special government employees may be paid or unpaid – it’s unclear which of those categories Musk falls into – and must provide financial disclosures and abide by ethics rules, including not involving themselves in matters in which they have financial interests (Musk’s companies, including SpaceX and Tesla, have received at least $15.4bn in government contracts over the past decade, The New York Times reported.)