is it constitutional? It is if it is passed through congress  Err ... wrong.  That's not how the American system works.  Congress must have PERMISSION to pass any legislation.  Article 1 Section 8, the final passage: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."  They must have power (permission) to pass a law.  IF (and only if) they have a specific power can they make "necessary" laws pertaining to it.  An example would be bankruptcy.  They have the constitutional authority (the power, or permission) over bankruptcy, so they can pass those laws.  Foreign aid has been considered a component of treaties.  Sez who?  Article 2 Section 3, not including the part about the state of the Union: "[The President] shall [...] recommend to [Congress] Consideration such Measures as he shall judge necessary and expedient[.]" Meaning, that if the President sees a problem and wants to address it, he can bring it up to Congress and mention what solutions he sees to fixing the problem.  Irrelevant.  Congress still must have the PERMISSION (constitutionally delegated power).  President can piss and moan about passing laws requiring you to dance in the public square, but Congress has no power to pass such laws. Find that clause in the Constitution that grants Congress that power, OR THE SUPREME COURT RULING STATING IT IS CONSTITUTIONAL, and you have a point.  Anything else is mental masturbation.