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government_shutdown [2022/10/03 01:28]
eziothekilla34
government_shutdown [2022/10/03 23:58]
eziothekilla34
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 However, in 1980 and 1981, Attorney General Benjamin Civiletti issued two judgments that more rigorously construed the Antideficiency Act and its exclusions in the context of a financial shortfall. With a few exceptions, the decisions ruled that the director of an agency could avoid breaching the Act solely by stopping operations until an appropriation was passed. In the absence of appropriations, exceptions would be permitted only when there is a reasonable and articulable link between the function to be performed and the preservation of human life or property.[([[https://www.fedweek.com/issue-briefs/crs-looks-at-causes-effects-of-shutdowns/|fedweek]])] However, in 1980 and 1981, Attorney General Benjamin Civiletti issued two judgments that more rigorously construed the Antideficiency Act and its exclusions in the context of a financial shortfall. With a few exceptions, the decisions ruled that the director of an agency could avoid breaching the Act solely by stopping operations until an appropriation was passed. In the absence of appropriations, exceptions would be permitted only when there is a reasonable and articulable link between the function to be performed and the preservation of human life or property.[([[https://www.fedweek.com/issue-briefs/crs-looks-at-causes-effects-of-shutdowns/|fedweek]])]
 +
 +===== Civiletti Not Always Right About Shutdowns =====
 +
 +Even after the Civiletti rulings, however, not all financial shortfalls resulted in shutdowns. Only four of the nine financial shortfalls between 1980 and 1990 resulted in shutdowns.[([[https://ofwlaw.com/government-shutdowns-who-dreamed-up-this-crazy-idea/|fedofwlawweek]])]
 +
 +===== Not Possible In Europe =====
 +
 +In most European countries, the administration must keep the approval of the legislature to continue in power (confidence and supply), and an election is usually called if a budget fails to pass. In other presidential systems, the executive branch is often given the ability to keep the government running even when no budget is approved.[([[https://constitutionnet.org/sites/default/files/2017-10/government-formation-and-removal-mechanisms-primer.pdf|constitutionnet]])]
government_shutdown.txt · Last modified: 2022/10/04 01:22 by eziothekilla34