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--- government_shutdown [2022/10/03 01:26]
eziothekilla34
+++ government_shutdown [2022/10/04 01:22] (current)
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 Government shutdowns often occur when the President and one or both chambers of Congress are unable to reach an agreement on budget allocations before the current fiscal cycle ends. Many government agencies initially continued to operate during shutdowns, while reducing all non-essential operations and commitments.[([[https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=3420&context=facpub|repository]])]
-===== Headline =====
+===== Benjamin Civiletti =====
+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]])]
+===== Mild Consequences =====
+Prior to the 1995-1996 shutdowns, government shutdowns had extremely minor consequences. A full federal government shutdown results in the furloughing of a substantial number of civilian federal employees.[([[https://sgp.fas.org/crs/misc/RL34680.pdf|sgp]])]
+===== Prohibitions =====
+During a federal shutdown, furloughed employees are not even allowed to access their e-mail from home. Many agencies demand employees to surrender their government-issued electronic devices for the length of the closure in order to enforce this restriction.[([[https://www.whitehouse.gov/wp-content/uploads/2021/01/FAQ-Lapse-12-18-2020.pdf|whitehouse]])]
+===== Impact Of Shutdown =====
+The full impact of a shutdown is sometimes obscured by missing data that cannot be gathered while certain government departments are closed. Some effects of the closure are difficult to quantify and are expected to have long-term consequences in the months following the shutdown. The Office of Management and Budget determines which federal services are suspended during a shutdown.[([[https://news.uchicago.edu/story/what-are-lingering-effects-government-shutdown|uchicago]])]
+===== Emergency Personnel =====
+Active duty military, federal law enforcement officers, physicians and nurses working in government hospitals, and air traffic controllers are all still employed as "emergency employees".[([[https://www.govinfo.gov/content/pkg/CHRG-106hhrg63355/html/CHRG-106hhrg63355.htm|govinfo]])]
+===== Department of Defense =====
+During the shutdown, at least half of the civilian staff, as well as full-time, dual-status military technicians in the US National Guard and traditional Guardsmen, are furloughed and not paid.[([[https://www.moran.senate.gov/public/index.cfm/medical-research-news?page=199|Moran Senate]])]
+===== Members Of Congress =====
+Members of Congress continue to be paid since their compensation can only be changed by direct legislation.[([[https://constitutioncenter.org/blog/why-do-politicians-and-judges-get-paid-during-a-government-shutdown|constitutioncenter]])]
+===== Mail Delivery =====
+Mail delivery is unaffected because it is self-funded and not allocated by Congress.[([[https://www.businessinsider.com/government-shutdown-post-office-mail-us-postal-service-never-closes-2019-1?IR=T|businessinsider]])]
+===== Programs Supported By Laws =====
+Programs supported by laws other than annual appropriations acts may also be affected by a funding gap if program execution is dependent on activities that get yearly appropriations.[([[https://www.gao.gov/assets/2019-11/675709.pdf|gao]])]
+===== Longest Shutdown =====
+One shutdown began on December 22, 2018, and on January 12, 2019, it became the longest in US history. It outlasted the last 21-day closure in 1995-96. [([[https://www.nytimes.com/interactive/2019/01/09/us/politics/longest-government-shutdown.html|nytimes]])]
+===== Trump Border Wall Leading To Shutdown =====
+The impasse arose when Trump attempted to add $5.7 billion in financing for a border wall in the US government's 2018 budget. Democrats raised concerns about the efficiency of the proposed wall and the funds needed to build it. A senate vote on the proposed spending package failed to win a majority vote in order for it to move through Congress, leaving Trump unable to garner support for the bill before January 2019.[([[https://www.reuters.com/article/us-usa-shutdown-idUSKCN1PJ126|reuters]])]
+===== Federal Workers Without Pay 2018/2019 =====
+Around 420,000 federal employees were forced to work without pay, while the rest were furloughed.[([[https://www.cbsnews.com/news/government-shutdown-2018-employees-work-without-pay/|cbsnews]])]
+===== Speaking With Democrat Leaders =====
+Democrats Nancy Pelosi, House Speaker, and Chuck Schumer, Senate Minority Leader, both refused to accept money for the border wall when Democrats won control of the House. A meeting between the three failed to break the impasse. When Pelosi and Schumer refused to offer the funds Trump sought, Trump refused to discuss ending the shutdown. On January 8, both parties delivered televised addresses in which Trump sought public support for a new border wall.[([[https://www.reuters.com/article/us-usa-shutdown-pelosi-idUSKCN1OY1S2|reuters]])]
+===== NAFTA =====
+On January 10, Trump reaffirmed his view that Mexico will fund the new wall, adding that it would be done through the new trade agreement he negotiated in 2018 to replace NAFTA.[([[https://www.cnbc.com/2018/01/11/trump-claims-mexico-will-pay-for-his-border-wall-through-nafta.html|cnbc]])]

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