A government shutdown does not create new constitutional powers for the president Constitution says that no money shall be drawn from the treasury, but in consequence of appropriations made by law. Instead, congress’s appropriations clause and the antideficiency act remain the primary legal constraints that bar the executive from spending federal funds absent legislation.
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This primer focuses on the activities that can (and cannot) legally continue during a shutdown
It does not address the impacts of a shutdown on government programs or the people who use them.
Shutdowns are fundamentally inconsistent with the constitutional plan of producing an effective, vigorous government While the constitution grants congress the power to control government funding, the modern practice of shutdowns represents a dangerous evolution that prioritizes political performance over effective governance. To avoid a shutdown, congress must either finish the process of approving government funding for the coming fiscal year or pass a continuing resolution to temporarily extend this year’s funding It is possible for congress to enact some of the 12 appropriations acts, but not others, before the beginning of a fiscal year or before the expiration of a continuing resolution
This would lead to a partial government shutdown of the activities covered by appropriations acts that were not enacted in time. People usually point to the 1884 antideficiency act as the reason why the u.s Government must shut down if a congressional appropriations bill lapses But article 1, section 9, clause 7 of the u.s
