Did the Constitution Intend to Allow for the Government to “Shut Down”?

From: https://www.conservativereview.com/Commentary/2015/09/budget-impasse-the-fiscal-year-2016-countdown-series


Did the Constitution Intend to Allow for the Government to “Shut Down”?

To answer this question, we need to focus on two important sections in the Constitution:

(1)  Article 1, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. 

(2)  Article 1, Section 7, Clause 3: Every order, resolution, or vote to which the concurrence of the Senate and House of Representative may be necessary shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and the House or Representative…

The Constitution is very clear about the mechanisms for funding the federal government.  Article 1, Section 9, Clause 7 explicitly puts the authority of the federal budget in the hands of Congress by granting it the power of the purse: the ability to determine how federal monies should be spent, and on what. Article 1, Section 7, Clause 3 provides the president the privilege to veto laws, including those spending bills passed by Congress.  What the Constitution does not include, however, is any binding requirement to keep the federal government funded.  In fact, by establishing Congress and the president as opposing authorities, the Constitution specifically allows the president and Congress to arrive at an impasse over the budget, permitting a lapse in government funding.

– See more at: https://www.conservativereview.com/Commentary/2015/09/budget-impasse-the-fiscal-year-2016-countdown-series#sthash.wZAPz2K2.dpuf

Published in: on September 23, 2015 at 10:49 am  Leave a Comment  

The URI to TrackBack this entry is: https://douglassbartley.wordpress.com/2015/09/23/did-the-constitution-intend-to-allow-for-the-government-to-shut-down/trackback/

RSS feed for comments on this post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: