Trump pledges $5,000 to every American if the GOP wins the midterms. Is it legal?

President Donald Trump pledged on Wednesday to send every American adult $5,000 if Republicans retain control of the House and Senate during the upcoming midterm elections, according to reports from the GOP's midterm convention in Dallas. The plan, which Trump dubbed the "Trump Dividend," would theoretically cost more than $1 trillion and require congressional approval. This proposal comes amid concerns about the country's $1.8 trillion annual budget deficit and growing inflation fears.

Vice President JD Vance appeared to walk back the proposal within an hour of Trump's announcement, suggesting that the dividend payments might not go to the wealthy. Vance proposed that the payments could be funded by U.S. tariff revenues. However, the suggested amount far exceeds what the U.S. has taken in through protectionist measures since the Supreme Court struck down much of Trump's tariff program last year.

Congress would need to approve or acquiesce to the payment, which would require far more than the U.S. tariff revenues even before the Supreme Court's decision. The national debt reached $40 trillion for the first time last month. Trump has frequently lamented that his party typically loses seats in Congress during the midterms and has sought unorthodox ways to defy this trend.

The proposal was reminiscent of billionaire Elon Musk's efforts to buy votes in last year's Wisconsin state Supreme Court race, where Musk gave out million-dollar checks to voters. Trump has discussed the idea before but never tied it to his party's electoral fortunes.

Experts, including Marc Goldwein from the Committee for a Responsible Federal Budget, stated that Trump does not have the authority to send money to Americans without congressional approval. They also pointed out that the U.S. is running large annual deficits and has a high national debt, making the idea of giving away money impractical. Trump's proposal would likely be seen as a campaign promise, not a payment to influence voter behavior, according to New Mexico-based attorney John Day.