Omar Bennett
Government shutdowns in the United States occur when there is a disagreement over budget allocations before the existing cycle ends. This can happen when the president vetoes finalized appropriation bills or when one or both chambers of Congress disagree. Shutdowns can be temporarily avoided through the enactment of a continuing resolution (CR), which extends funding for the government for a set period. The US Constitution grants Congress the power to pass laws enabling a shutdown due to a funding gap, arising from the broad powers of the purse given to Congress. During a shutdown, federal courts continue to operate for a while by drawing on fees they have collected, and emergency personnel continue to be employed.
| Characteristics | Values |
|---|---|
| Reason | Disagreement over budget allocations before the existing cycle ends |
| Occurrence | When Congress fails to enact the 12 annual appropriation bills |
| Continuation | Can be temporarily avoided through the enactment of a continuing resolution (CR) |
| Continuation by | Funding the government for a set period, during which time negotiations can be made |
| Continuation time | Until an appropriation bill is agreed upon by all involved parties of the political deadlock |
| Continuation prevention | Can be blocked by involved parties if there are issues with the content of the resolution bill |
| Continuation prevention by | The House, Senate, or president |
| Congress | Gets paid during a shutdown |
| Supreme Court and all appointed federal judges | Get paid during a shutdown |
| Furloughed employees | Not allowed to work and do not receive paychecks but are guaranteed back pay |
| Federal contractors | Do not receive back pay |
| Essential services | Air traffic control and law enforcement |
| Essential services providers | Do not get paid until Congress takes action to end the shutdown |
| Shutdown effects | Destroyed scientific studies, lack of investment, deferred maintenance costs, curtailed safety and law enforcement investigations, air travel delays, closure of facilities for Native Americans and tourists, delayed regulatory approvals and immigration hearings for non-detainees |
| Shutdown effects on agencies | The National Weather Service, the Army Corps of Engineers, and parts of NASA continue their day-to-day operations with minimal staffing |
| Shutdown cost | Millions in back pay, lost revenue, and reduced US economic growth |
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What You'll Learn
The US Constitution's separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has distinct roles and powers, and no individual or group can serve in more than one branch at the same time. This system, known as the separation of powers, is designed to prevent any one branch from becoming too powerful and to protect the liberties of the governed.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws. The executive branch, led by the President, is tasked with enforcing those laws. Meanwhile, the judicial branch, made up of federal judges and the Supreme Court, interprets the laws and resolves disputes.
The separation of powers also includes a system of checks and balances, where each branch has some control over the others. For instance, while the President can veto legislation passed by Congress, Congress can override a presidential veto with a two-thirds majority in both chambers. Similarly, the President requires the Senate's consent to appoint executive officers and judges or enter into treaties. The impeachment power gives Congress the authority to hold the other branches accountable for corruption and abuse of power.
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Congress's role in government shutdowns
The United States Constitution grants Congress the power to control and appropriate government funds. This authority, known as the
Congress initiates the appropriation process by proposing a bill that determines spending levels for federal departments and programs. The finalised bill is then voted on by the House of Representatives and the Senate, after which it proceeds to the President for signature. Congress plays a crucial role in government shutdowns, which occur when there is a disagreement over budget allocations. Shutdowns can be averted through the enactment of a continuing resolution (CR), which provides temporary funding and allows time for negotiations on spending. However, if Congress fails to pass the required number of appropriation bills, a government shutdown ensues, leading to the cessation of non-essential government functions.
During a shutdown, Congress continues to receive paychecks as their compensation is protected by Article I, Section 6, of the Constitution. This has been a point of contention, with some arguing that members of Congress should not be exempt from the financial consequences of their failure to pass a budget.
The role of Congress in government shutdowns has evolved over time. Since Congress introduced the modern budget process in 1976, there have been several funding gaps, including the notable 2018-2019 shutdown. Prior to the 1980s, however, the government did not shut down during funding gaps, and federal agencies continued to operate with minimal disruptions. The shift towards shutdowns can be attributed to the interpretation of the Antideficiency Act of 1884, which prohibits federal agencies from spending or obligating money without congressional appropriation.
In conclusion, Congress plays a pivotal role in government shutdowns through its control of the purse strings. While the Constitution grants Congress the authority to appropriate funds, it also bears the responsibility for potential shutdowns when budget negotiations stall. The impact of these shutdowns extends beyond the political realm, affecting federal employees, government services, and the economy as a whole.
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The impact of shutdowns on federal employees
Government shutdowns in the United States occur when there is a disagreement over budget allocations before the existing cycle ends. This disagreement can come from the president, through vetoing appropriation bills, or from one or both chambers of Congress. Shutdowns can be temporarily avoided by enacting a continuing resolution (CR), which can extend funding for the government for a set period, during which negotiations can be made.
Shutdowns have a profound effect on federal employees, curtailing the ability of civil servants to do their jobs and provide crucial public benefits. During a shutdown, civil servants cannot be paid if the necessary appropriations have not been passed, and so some federal employees must continue to work without pay, while many others are furloughed until new appropriations are approved. For example, during the 16-day shutdown in 2013, approximately 800,000 federal employees were put on furlough, while an additional 1.3 million had to work without knowing when they would be paid.
Shutdowns can also cause long-lasting damage to scientific studies, lack of investment, and deferred maintenance costs. For instance, the 2018-2019 shutdown curtailed safety and law enforcement investigations, caused air travel delays, and shut down some facilities for Native Americans and tourists.
Despite the negative impact on federal employees, Congress still gets paid during a shutdown. Article I, Section 6 of the US Constitution states that members of Congress "shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States."
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The Antidefiency Act and its relevance
The Antideficiency Act (ADA) is a statute dating back to 1884 that sets boundaries for government spending. The Act bars federal employees from spending or obligating funds in excess of the amounts approved by Congress, accepting voluntary services, or spending beyond agency spending plans. It also requires that appropriated funds be subdivided, "apportioned", and "allocated" before they can be expended by the Executive Branch.
The Act is based on the principle of the "power of the purse", which is enshrined in the US Constitution's Article One, Section 9, Clause 7. This clause states that "No money shall be drawn from the treasury, but in consequence of appropriations made by law." The Act reflects the constitutional separation of powers by acting as a check on the executive branch's spending of taxpayer dollars and reinforcing the legislative branch's control over the appropriation of funds.
The ADA has evolved over time, with the earliest version enacted in 1870 after the Civil War to address the executive branch's history of creating "coercive deficiencies". The Act was amended and expanded several times, most notably in 1905 and 1906, and the current version was enacted in 1982.
The ADA is frequently invoked in budget execution and interagency accounting, and it plays a crucial role in determining the mechanics of government shutdowns. It has broad influence on governance, arising in diverse areas of public policy. While violations of the ADA are investigated annually, no one has ever been convicted or indicted for its violation. However, agreements have been changed due to ADA violations, and administrative and criminal penalties are outlined for both agencies and individual employees.
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Shutdowns' effects on essential services
The US Constitution grants Congress the "powers of the purse", which include the appropriation and control of government funds. Government shutdowns occur when there is a disagreement over budget allocations, and this often has a ripple effect on essential services.
During a shutdown, the government can only spend money on essential services, such as those related to law enforcement and public safety. This means that hundreds of thousands of federal workers don't receive a timely paycheck, while others are furloughed. This can inflict severe financial hardship on American families.
The effects of a shutdown are far-reaching and can include:
- Delays in safety and law enforcement investigations.
- Delayed or halted regulatory approvals and immigration hearings.
- Delays in air travel as essential workers stop showing up.
- Closure of facilities for Native Americans and tourists.
- Delays in processing applications for passports, small business loans, or government benefits.
- Shuttered visitor centres and bathrooms at national parks.
- Reduced food safety inspections.
- Delays in disaster relief efforts.
- Reduced tourism, which impacts local businesses.
- Delayed research.
Some essential services, such as the Postal Service, Social Security, Medicare, and Veterans Affairs benefits, are funded by permanent appropriations and are therefore not affected by shutdowns. Congress members and federal judges also continue to receive paychecks during a shutdown.
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Frequently asked questions
A government shutdown occurs when there is a disagreement over budget allocations before the existing cycle ends. This can be due to the president vetoing finalized appropriation bills or disagreements from one or both chambers of Congress.
During a shutdown, the federal government temporarily stops paying employees and contractors who perform government services. Only those providing essential services, such as air traffic control and law enforcement, continue to work.
The Congressional authority to pass laws enabling a shutdown due to a funding gap arises from the "powers of the purse" granted to Congress in the Constitution. The Spending Clause in Article 1, Section 8, permits Congress to "lay and collect Taxes, Duties, Imposts, and Excises".
While a government shutdown is disruptive, a government default could be disastrous. A shutdown closes non-essential government operations due to a lack of funding, whereas a default occurs when the government exceeds the statutory debt limit and cannot pay its creditors and obligations.
The impacts of a government shutdown can be far-reaching and lingering. They can include negative effects on scientific studies, investments, and maintenance costs. Essential services may also be disrupted, such as safety and law enforcement investigations, air travel, and regulatory approvals.
