Why does a US government shutdown have a specific beginning time?
From coverage about government shutdowns, I have gathered that these always begin a specific date/time "when the government runs out of money". But, if it were just running out, surely the beginning would be distributed, so I assume in reality the spending bill runs out of time and has to be re approved (probably altered in some way). Is this idea correct?
If it is, why does the system require it to be this way? To me it would seem much easier and sensible if the government could spend all the money if was "given" regardless of when the decision was taken (of course it should be possible to revoke spending).
united-states government-shutdown
New contributor
add a comment |
From coverage about government shutdowns, I have gathered that these always begin a specific date/time "when the government runs out of money". But, if it were just running out, surely the beginning would be distributed, so I assume in reality the spending bill runs out of time and has to be re approved (probably altered in some way). Is this idea correct?
If it is, why does the system require it to be this way? To me it would seem much easier and sensible if the government could spend all the money if was "given" regardless of when the decision was taken (of course it should be possible to revoke spending).
united-states government-shutdown
New contributor
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago
add a comment |
From coverage about government shutdowns, I have gathered that these always begin a specific date/time "when the government runs out of money". But, if it were just running out, surely the beginning would be distributed, so I assume in reality the spending bill runs out of time and has to be re approved (probably altered in some way). Is this idea correct?
If it is, why does the system require it to be this way? To me it would seem much easier and sensible if the government could spend all the money if was "given" regardless of when the decision was taken (of course it should be possible to revoke spending).
united-states government-shutdown
New contributor
From coverage about government shutdowns, I have gathered that these always begin a specific date/time "when the government runs out of money". But, if it were just running out, surely the beginning would be distributed, so I assume in reality the spending bill runs out of time and has to be re approved (probably altered in some way). Is this idea correct?
If it is, why does the system require it to be this way? To me it would seem much easier and sensible if the government could spend all the money if was "given" regardless of when the decision was taken (of course it should be possible to revoke spending).
united-states government-shutdown
united-states government-shutdown
New contributor
New contributor
New contributor
asked 3 hours ago
user24343
241
241
New contributor
New contributor
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago
add a comment |
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago
add a comment |
1 Answer
1
active
oldest
votes
Strictly speaking, you are correct: a government shut down does not involve the government "running out of money." A more accurate statement would be that the government isn't allowed to spend its money. The process for raising and spending public money involves checks and balances (many of which were inherited from Britain, some of which are home-grown) mainly between Congress and the president. The two main constraints that cause government shutdowns are expiring appropriation laws and the Antideficiency Act.
An "appropriation" is a permission slip from Congress to take money from the Treasury. The Constitution prescribes that "No money shall be drawn from the treasury, but in consequence of appropriations made by law" (Art. I, sec. 9). This means that no one can spend any money out of the Treasury unless Congress first passes a specific law (i.e. an appropriation) allowing it. Without an appropriation, attempts to spend money would be illegal, and beyond the inevitable political costs, could trigger both impeachment proceedings and court cases (courts, for example, might hold that an action taken pursuant to illegally spent money was not proper and thus legally has no force).
The Constitution also specifies that Congress has the power "To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;" (Art. I, sec. 8). This means that at least in the cases of the Army, an appropriation must expire within two years. While Congress is not required to do so, they have decided over the course of 230 years that time limits on appropriations are a good practice, and so almost all government departments are funded through annual appropriation laws. (There are some important exceptions, such as Social Security and Medicare, which Congress has decided deserve permanent appropriations.)
Today (2019), there are a total of thirteen appropriation laws that Congress must pass each year before the 30 Sept. deadline when the current fiscal year ends and its appropriation acts expire. However, Congress rarely meets the deadline to pass all thirteen appropriation laws, and thus Congress opts to pass what are called "continuing resolutions" (often abbreviated CRs). Continuing resolutions tend to expire within a few weeks to a few months, and usually enable the government to spend money at a level comparable to the previous fiscal year's appropriation law. For example, if the Commerce Department's appropriation law had not yet been passed by 15 Sept. and the Commerce Department's budget for the current fiscal year was $50B, Congress might pass a CR that expires in mid-November that allows Commerce to spend $8.3B, the pro-rated amount (this is a simplification, but illustrates the point). When Congress can finally achieve political consensus to pass an appropriation law, the CR is superseded and the government department is funded through the rest of the fiscal year.
Keep in mind that I'm painting in broad strokes here. Congress could decide that the EPA can only spend money when the phase of the moon is "waxing gibbous," and that would be the law. They tend not to pass laws so absurd, but little beyond politics is stopping them from doing so. A more realistic exception might be that Congress allows a particular agency that generates user fees to spend that money as long as they have it.
The other really important constraint is a law passed in 1880 called the "Antideficiency Act." The executive branch in the 19th century tended to create unfunded obligations that Congress would then have to pay for after the fact. The Louisiana Purchase is one famous example - President Jefferson made a deal with Napoleon to buy Louisiana absent a Congressional authorization, and then Congress was more or less obligated to foot the bill. For another example, by the late 19th century, the military might sometimes "run out" of money two months after receiving its appropriation, leaving Congress to scramble to fund the remaining months of the year and the return of the troops.
Congress finally got tired of the executive branch creating these "deficient" obligations and so passed the Antideficiency Act, which regulates exactly how and when the government can make promises or receive anything of value (hint: Congress usually wants to know). The Antideficiency Act, for example, forbids the government from promising government employees back pay, as this would create an obligation (in practice, Congress has always provided back pay when they finally fund the government). When an appropriation expires, the Antideficiency Act prevents the government from promising that Congress will pass a new one, so the government agencies and departments without active appropriations must usually shut down. While a lack of appropriation laws prevents government employees from getting paid, the Antideficiency Act is what keeps them from going to work. In a very real sense, the reason we have government shutdowns on exact dates is the Antideficiency Act.
New contributor
add a comment |
Your Answer
StackExchange.ready(function() {
var channelOptions = {
tags: "".split(" "),
id: "475"
};
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function() {
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled) {
StackExchange.using("snippets", function() {
createEditor();
});
}
else {
createEditor();
}
});
function createEditor() {
StackExchange.prepareEditor({
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader: {
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
},
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
});
}
});
user24343 is a new contributor. Be nice, and check out our Code of Conduct.
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f37647%2fwhy-does-a-us-government-shutdown-have-a-specific-beginning-time%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
Strictly speaking, you are correct: a government shut down does not involve the government "running out of money." A more accurate statement would be that the government isn't allowed to spend its money. The process for raising and spending public money involves checks and balances (many of which were inherited from Britain, some of which are home-grown) mainly between Congress and the president. The two main constraints that cause government shutdowns are expiring appropriation laws and the Antideficiency Act.
An "appropriation" is a permission slip from Congress to take money from the Treasury. The Constitution prescribes that "No money shall be drawn from the treasury, but in consequence of appropriations made by law" (Art. I, sec. 9). This means that no one can spend any money out of the Treasury unless Congress first passes a specific law (i.e. an appropriation) allowing it. Without an appropriation, attempts to spend money would be illegal, and beyond the inevitable political costs, could trigger both impeachment proceedings and court cases (courts, for example, might hold that an action taken pursuant to illegally spent money was not proper and thus legally has no force).
The Constitution also specifies that Congress has the power "To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;" (Art. I, sec. 8). This means that at least in the cases of the Army, an appropriation must expire within two years. While Congress is not required to do so, they have decided over the course of 230 years that time limits on appropriations are a good practice, and so almost all government departments are funded through annual appropriation laws. (There are some important exceptions, such as Social Security and Medicare, which Congress has decided deserve permanent appropriations.)
Today (2019), there are a total of thirteen appropriation laws that Congress must pass each year before the 30 Sept. deadline when the current fiscal year ends and its appropriation acts expire. However, Congress rarely meets the deadline to pass all thirteen appropriation laws, and thus Congress opts to pass what are called "continuing resolutions" (often abbreviated CRs). Continuing resolutions tend to expire within a few weeks to a few months, and usually enable the government to spend money at a level comparable to the previous fiscal year's appropriation law. For example, if the Commerce Department's appropriation law had not yet been passed by 15 Sept. and the Commerce Department's budget for the current fiscal year was $50B, Congress might pass a CR that expires in mid-November that allows Commerce to spend $8.3B, the pro-rated amount (this is a simplification, but illustrates the point). When Congress can finally achieve political consensus to pass an appropriation law, the CR is superseded and the government department is funded through the rest of the fiscal year.
Keep in mind that I'm painting in broad strokes here. Congress could decide that the EPA can only spend money when the phase of the moon is "waxing gibbous," and that would be the law. They tend not to pass laws so absurd, but little beyond politics is stopping them from doing so. A more realistic exception might be that Congress allows a particular agency that generates user fees to spend that money as long as they have it.
The other really important constraint is a law passed in 1880 called the "Antideficiency Act." The executive branch in the 19th century tended to create unfunded obligations that Congress would then have to pay for after the fact. The Louisiana Purchase is one famous example - President Jefferson made a deal with Napoleon to buy Louisiana absent a Congressional authorization, and then Congress was more or less obligated to foot the bill. For another example, by the late 19th century, the military might sometimes "run out" of money two months after receiving its appropriation, leaving Congress to scramble to fund the remaining months of the year and the return of the troops.
Congress finally got tired of the executive branch creating these "deficient" obligations and so passed the Antideficiency Act, which regulates exactly how and when the government can make promises or receive anything of value (hint: Congress usually wants to know). The Antideficiency Act, for example, forbids the government from promising government employees back pay, as this would create an obligation (in practice, Congress has always provided back pay when they finally fund the government). When an appropriation expires, the Antideficiency Act prevents the government from promising that Congress will pass a new one, so the government agencies and departments without active appropriations must usually shut down. While a lack of appropriation laws prevents government employees from getting paid, the Antideficiency Act is what keeps them from going to work. In a very real sense, the reason we have government shutdowns on exact dates is the Antideficiency Act.
New contributor
add a comment |
Strictly speaking, you are correct: a government shut down does not involve the government "running out of money." A more accurate statement would be that the government isn't allowed to spend its money. The process for raising and spending public money involves checks and balances (many of which were inherited from Britain, some of which are home-grown) mainly between Congress and the president. The two main constraints that cause government shutdowns are expiring appropriation laws and the Antideficiency Act.
An "appropriation" is a permission slip from Congress to take money from the Treasury. The Constitution prescribes that "No money shall be drawn from the treasury, but in consequence of appropriations made by law" (Art. I, sec. 9). This means that no one can spend any money out of the Treasury unless Congress first passes a specific law (i.e. an appropriation) allowing it. Without an appropriation, attempts to spend money would be illegal, and beyond the inevitable political costs, could trigger both impeachment proceedings and court cases (courts, for example, might hold that an action taken pursuant to illegally spent money was not proper and thus legally has no force).
The Constitution also specifies that Congress has the power "To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;" (Art. I, sec. 8). This means that at least in the cases of the Army, an appropriation must expire within two years. While Congress is not required to do so, they have decided over the course of 230 years that time limits on appropriations are a good practice, and so almost all government departments are funded through annual appropriation laws. (There are some important exceptions, such as Social Security and Medicare, which Congress has decided deserve permanent appropriations.)
Today (2019), there are a total of thirteen appropriation laws that Congress must pass each year before the 30 Sept. deadline when the current fiscal year ends and its appropriation acts expire. However, Congress rarely meets the deadline to pass all thirteen appropriation laws, and thus Congress opts to pass what are called "continuing resolutions" (often abbreviated CRs). Continuing resolutions tend to expire within a few weeks to a few months, and usually enable the government to spend money at a level comparable to the previous fiscal year's appropriation law. For example, if the Commerce Department's appropriation law had not yet been passed by 15 Sept. and the Commerce Department's budget for the current fiscal year was $50B, Congress might pass a CR that expires in mid-November that allows Commerce to spend $8.3B, the pro-rated amount (this is a simplification, but illustrates the point). When Congress can finally achieve political consensus to pass an appropriation law, the CR is superseded and the government department is funded through the rest of the fiscal year.
Keep in mind that I'm painting in broad strokes here. Congress could decide that the EPA can only spend money when the phase of the moon is "waxing gibbous," and that would be the law. They tend not to pass laws so absurd, but little beyond politics is stopping them from doing so. A more realistic exception might be that Congress allows a particular agency that generates user fees to spend that money as long as they have it.
The other really important constraint is a law passed in 1880 called the "Antideficiency Act." The executive branch in the 19th century tended to create unfunded obligations that Congress would then have to pay for after the fact. The Louisiana Purchase is one famous example - President Jefferson made a deal with Napoleon to buy Louisiana absent a Congressional authorization, and then Congress was more or less obligated to foot the bill. For another example, by the late 19th century, the military might sometimes "run out" of money two months after receiving its appropriation, leaving Congress to scramble to fund the remaining months of the year and the return of the troops.
Congress finally got tired of the executive branch creating these "deficient" obligations and so passed the Antideficiency Act, which regulates exactly how and when the government can make promises or receive anything of value (hint: Congress usually wants to know). The Antideficiency Act, for example, forbids the government from promising government employees back pay, as this would create an obligation (in practice, Congress has always provided back pay when they finally fund the government). When an appropriation expires, the Antideficiency Act prevents the government from promising that Congress will pass a new one, so the government agencies and departments without active appropriations must usually shut down. While a lack of appropriation laws prevents government employees from getting paid, the Antideficiency Act is what keeps them from going to work. In a very real sense, the reason we have government shutdowns on exact dates is the Antideficiency Act.
New contributor
add a comment |
Strictly speaking, you are correct: a government shut down does not involve the government "running out of money." A more accurate statement would be that the government isn't allowed to spend its money. The process for raising and spending public money involves checks and balances (many of which were inherited from Britain, some of which are home-grown) mainly between Congress and the president. The two main constraints that cause government shutdowns are expiring appropriation laws and the Antideficiency Act.
An "appropriation" is a permission slip from Congress to take money from the Treasury. The Constitution prescribes that "No money shall be drawn from the treasury, but in consequence of appropriations made by law" (Art. I, sec. 9). This means that no one can spend any money out of the Treasury unless Congress first passes a specific law (i.e. an appropriation) allowing it. Without an appropriation, attempts to spend money would be illegal, and beyond the inevitable political costs, could trigger both impeachment proceedings and court cases (courts, for example, might hold that an action taken pursuant to illegally spent money was not proper and thus legally has no force).
The Constitution also specifies that Congress has the power "To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;" (Art. I, sec. 8). This means that at least in the cases of the Army, an appropriation must expire within two years. While Congress is not required to do so, they have decided over the course of 230 years that time limits on appropriations are a good practice, and so almost all government departments are funded through annual appropriation laws. (There are some important exceptions, such as Social Security and Medicare, which Congress has decided deserve permanent appropriations.)
Today (2019), there are a total of thirteen appropriation laws that Congress must pass each year before the 30 Sept. deadline when the current fiscal year ends and its appropriation acts expire. However, Congress rarely meets the deadline to pass all thirteen appropriation laws, and thus Congress opts to pass what are called "continuing resolutions" (often abbreviated CRs). Continuing resolutions tend to expire within a few weeks to a few months, and usually enable the government to spend money at a level comparable to the previous fiscal year's appropriation law. For example, if the Commerce Department's appropriation law had not yet been passed by 15 Sept. and the Commerce Department's budget for the current fiscal year was $50B, Congress might pass a CR that expires in mid-November that allows Commerce to spend $8.3B, the pro-rated amount (this is a simplification, but illustrates the point). When Congress can finally achieve political consensus to pass an appropriation law, the CR is superseded and the government department is funded through the rest of the fiscal year.
Keep in mind that I'm painting in broad strokes here. Congress could decide that the EPA can only spend money when the phase of the moon is "waxing gibbous," and that would be the law. They tend not to pass laws so absurd, but little beyond politics is stopping them from doing so. A more realistic exception might be that Congress allows a particular agency that generates user fees to spend that money as long as they have it.
The other really important constraint is a law passed in 1880 called the "Antideficiency Act." The executive branch in the 19th century tended to create unfunded obligations that Congress would then have to pay for after the fact. The Louisiana Purchase is one famous example - President Jefferson made a deal with Napoleon to buy Louisiana absent a Congressional authorization, and then Congress was more or less obligated to foot the bill. For another example, by the late 19th century, the military might sometimes "run out" of money two months after receiving its appropriation, leaving Congress to scramble to fund the remaining months of the year and the return of the troops.
Congress finally got tired of the executive branch creating these "deficient" obligations and so passed the Antideficiency Act, which regulates exactly how and when the government can make promises or receive anything of value (hint: Congress usually wants to know). The Antideficiency Act, for example, forbids the government from promising government employees back pay, as this would create an obligation (in practice, Congress has always provided back pay when they finally fund the government). When an appropriation expires, the Antideficiency Act prevents the government from promising that Congress will pass a new one, so the government agencies and departments without active appropriations must usually shut down. While a lack of appropriation laws prevents government employees from getting paid, the Antideficiency Act is what keeps them from going to work. In a very real sense, the reason we have government shutdowns on exact dates is the Antideficiency Act.
New contributor
Strictly speaking, you are correct: a government shut down does not involve the government "running out of money." A more accurate statement would be that the government isn't allowed to spend its money. The process for raising and spending public money involves checks and balances (many of which were inherited from Britain, some of which are home-grown) mainly between Congress and the president. The two main constraints that cause government shutdowns are expiring appropriation laws and the Antideficiency Act.
An "appropriation" is a permission slip from Congress to take money from the Treasury. The Constitution prescribes that "No money shall be drawn from the treasury, but in consequence of appropriations made by law" (Art. I, sec. 9). This means that no one can spend any money out of the Treasury unless Congress first passes a specific law (i.e. an appropriation) allowing it. Without an appropriation, attempts to spend money would be illegal, and beyond the inevitable political costs, could trigger both impeachment proceedings and court cases (courts, for example, might hold that an action taken pursuant to illegally spent money was not proper and thus legally has no force).
The Constitution also specifies that Congress has the power "To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;" (Art. I, sec. 8). This means that at least in the cases of the Army, an appropriation must expire within two years. While Congress is not required to do so, they have decided over the course of 230 years that time limits on appropriations are a good practice, and so almost all government departments are funded through annual appropriation laws. (There are some important exceptions, such as Social Security and Medicare, which Congress has decided deserve permanent appropriations.)
Today (2019), there are a total of thirteen appropriation laws that Congress must pass each year before the 30 Sept. deadline when the current fiscal year ends and its appropriation acts expire. However, Congress rarely meets the deadline to pass all thirteen appropriation laws, and thus Congress opts to pass what are called "continuing resolutions" (often abbreviated CRs). Continuing resolutions tend to expire within a few weeks to a few months, and usually enable the government to spend money at a level comparable to the previous fiscal year's appropriation law. For example, if the Commerce Department's appropriation law had not yet been passed by 15 Sept. and the Commerce Department's budget for the current fiscal year was $50B, Congress might pass a CR that expires in mid-November that allows Commerce to spend $8.3B, the pro-rated amount (this is a simplification, but illustrates the point). When Congress can finally achieve political consensus to pass an appropriation law, the CR is superseded and the government department is funded through the rest of the fiscal year.
Keep in mind that I'm painting in broad strokes here. Congress could decide that the EPA can only spend money when the phase of the moon is "waxing gibbous," and that would be the law. They tend not to pass laws so absurd, but little beyond politics is stopping them from doing so. A more realistic exception might be that Congress allows a particular agency that generates user fees to spend that money as long as they have it.
The other really important constraint is a law passed in 1880 called the "Antideficiency Act." The executive branch in the 19th century tended to create unfunded obligations that Congress would then have to pay for after the fact. The Louisiana Purchase is one famous example - President Jefferson made a deal with Napoleon to buy Louisiana absent a Congressional authorization, and then Congress was more or less obligated to foot the bill. For another example, by the late 19th century, the military might sometimes "run out" of money two months after receiving its appropriation, leaving Congress to scramble to fund the remaining months of the year and the return of the troops.
Congress finally got tired of the executive branch creating these "deficient" obligations and so passed the Antideficiency Act, which regulates exactly how and when the government can make promises or receive anything of value (hint: Congress usually wants to know). The Antideficiency Act, for example, forbids the government from promising government employees back pay, as this would create an obligation (in practice, Congress has always provided back pay when they finally fund the government). When an appropriation expires, the Antideficiency Act prevents the government from promising that Congress will pass a new one, so the government agencies and departments without active appropriations must usually shut down. While a lack of appropriation laws prevents government employees from getting paid, the Antideficiency Act is what keeps them from going to work. In a very real sense, the reason we have government shutdowns on exact dates is the Antideficiency Act.
New contributor
edited 44 mins ago
New contributor
answered 1 hour ago
Andrew
1612
1612
New contributor
New contributor
add a comment |
add a comment |
user24343 is a new contributor. Be nice, and check out our Code of Conduct.
user24343 is a new contributor. Be nice, and check out our Code of Conduct.
user24343 is a new contributor. Be nice, and check out our Code of Conduct.
user24343 is a new contributor. Be nice, and check out our Code of Conduct.
Thanks for contributing an answer to Politics Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Some of your past answers have not been well-received, and you're in danger of being blocked from answering.
Please pay close attention to the following guidance:
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f37647%2fwhy-does-a-us-government-shutdown-have-a-specific-beginning-time%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Of course it does not "have to be" this way. The US system is deliberately created with checks and balances, and if the various parts of the system disagree that becomes gridlock. This gridlock could be made less painful, but that defeats the point -- the legislative controlling the executive, and vice versa.
– o.m.
2 hours ago
How much research have you done into the manner in which the Federal Government appropriates money for its expenditures. Have you read Article 1 of the Constitution? This argument isn't about the government running out of money, but that they haven't passed a budget to spend money. The argument over raising the Debt ceiling is when we start talking about running out of money.
– Drunk Cynic
1 hour ago
Agencies are able to spend their budgets, so, for example, the USPTO which my wife works for is remaining open so far, because they've still got money from fees they collect and previously appropriated budget. And there are also agencies, like the NCUA which I work for, or the OCC which I used to work for, which are fully funded by fees they collect from industry. Most of the "big" agencies aren't able to fund themselves, though, and have to shut down.
– David Rice
1 hour ago
While the question itself, doesn't show any research, I'm still upvoting it because this isn't the first time I've seen people confused by this (and I don't just mean this site) and the Andrew's answer does a pretty good job for those needing an explanation.
– RWW
8 mins ago