Government Shutdown as a Tool - Essay Example

The government shutdown is defined as the stalemate in government’s functions which is always experienced when the congress fails or declines to pass legislative funding (Campbell, 2008). It is also seen as an economic crisis that the government gets itself in when its operations cannot be run due to lack of fund approval. In the American law, in case of such a situation where there is a stalemate as regards to legislative funding, the constitution compels the federal government to commence a shutdown on the activities that have been significantly affected. In the event that the gap of funding stays for a long time, the law requires that some government officials be laid off so as to address the emergency activities and services. During the government fund strain, the projects which are funded by law other than things like the social security are bound to be affected. All the activities that rely on the annual appropriation funds get affected with the decline of the congress to approve the funding of such annual appropriation (United States, 1999). The shutdown may not affect all the segments of the government. However, sometimes it may affect all the government operations depending on what the congress has turned down. For instance, during the time of Carter and Ford’s administration, there were gaps of funding that caused six partial shutdowns that affected only the departments of education, welfare, and labor. This was effective for around 18 days and what was causing the controversy was the federation abortion funding. During the administration of Reagan, there was some nominal shutdown. This was so especially when funding measures were under discussion to take care of government plans and priorities. During the administration of Bush, there was also a shutdown which lasted for a weekend and was resolved later on a Monday morning. During the Clinton administration, there was a shutdown that lasted for between 5 to 21 days due to the United States’ budget deficit. This was the most severe shutdown in the history of America. The massive congressional gain of the conservative was the reason and the cause of this historic shutdown. In 2013, there was yet another government shutdown which was created by a minor conflict of interest. This was caused by the dispute between the proponents and opponents of the Patient Protection and Affordable Care Act which is famously known as the Obamacare. The republicans did this purposefully in the house of senate as well as in the house of representatives to delay the funding so as to frustrate this move. The separation of power created by the constitution of the United States which mainly aims to have a split of power between the congress and the house of representative is responsible for the government shutdown. The congress has powers in terms of monetary determinism and the responsibility of appropriating the funds of the government. The House of the Representatives is the first place where the appropriation bill commences, and then from there it gets the approval of the senate, where after upon the approval of the final version by both the houses, it proceeds to the president. It is at the president’s table that these appropriations become laws only if they are accented by the president. Suppose the president decides to veto the bill, they are taken back to the congress. In case such an eventuality, the vetoe can be overridden in the event that two-thirds of vote in its favor. The government shutdown in this case occurs majorly when the president and one of the houses are unable to come to an agreement to resolve a disagreement over budget allocation before the end of the existing budget cycle. In spite of the shutdowns, not all the federal agencies get closed. They rather get operational since it is taken into assumption that the congress did not intend their shutdown. What they do is to avoid unnecessary spending and they tend to squeeze their budget to fit within their means and they only attend to top priorities. It is considered and its very logical that waiting for the enactment of the appropriation act into law would not be of any benefit. So it was wisely considered that the appropriation enactment bill be made into law to find them operational. Most often, it is expected that when there is a shutdown, government agencies that are affected have to be closed down as operating them or keeping them running is seen as defiance. This is an opinion that has no basis. On the other hand, during the government shutdown, it is only acceptable for the agencies to operate in the event that there is a link between the operation and the safety of human life. This should hold in case there is a connection between the operation and the protection of the property when the agencies remain operational. The type of shutdowns that are experienced in America are not possible in other democracies. This is because in America, both the houses are separate from the government while in other democracies, the house for example the parliament is one and the same thing with the executive. For instance, the ministers come from the parliament where inactions are made; they thus persuade the enactment of such budgets into law. In such governments where there are strong parliamentary systems, there is a possibility of running the government and keeping a check of everything even when funds have not been approved. The government shutdowns that were experienced in the US between 1995 and 1996 did not have a major impact. In cases where there are large government shutdown in most of its units, government employees lose their jobs and retrenchment becomes an activity that the government gets compelled to exercise. This is a thing that affects all government workers. The only people who may be safe from furlough are the military personnel and those who may be circumstantially exempted and protected by the Ant deficiency Act. Normally, these people are often not paid on time . Their payment often get delayed or even rescheduled for a later day payment. During the shutdown period, the government employees are denied so many privileges including not checking even their mails at home. Upon the furlough, they are deprived of their government issued electronic gadgets and they are prohibited from transacting any government business. During the shutdown Government offices and the affected departments remain closed During the shutdown, the office that determines the functionality of the government is the office of Management and Budget which determines the people who should be working. It is also worth noting that even at a time when there is a shutdown, the emergency personnel continue to enjoy their work. These emergency personnel include federal enforcement agent, doctors, nurse, military technicians, military, and air traffic controllers. These people cannot be laid off neither can they be affected because they hold people’s lives and every government must care for the fundamental rights of its citizens. These are the most instrumental people that the government uses to execute their responsibilities to the fundamental human rights to which it is obligated (United States, 1997). During the shutdown, there are people who get affected and those that are mildly affected while there are those who do not get affected at all. For instance, members of the congress are not always affected as their salaries can only be affected by the direct laws. Half of the members of the department of defence or more are not paid during this moment. Government shutdown is a tool that the both the houses can use to frustrate the government of the day. When the houses do not approve of a thing or a proposal by the executive, they can refuse to enact a bill that approves of a budget. This does not always have an impact only to the executive or to the government departments but it comes down to affect the common citizens. When medication cannot be accessed by citizens, when education cannot be accessed, and when fundamental services cannot be given to citizens then that government is not worth being in the office. Shutdown results in the loss of jobs in the country. Layoff increases to accommodate the limited budget of the government. References Campbell, B. C. (2008). Disasters, accidents, and crises in American history: A reference guide to the nation's most catastrophic events. New York: Facts On File. http://books.google.co.ke/books?id=VitlO1mWxzAC&printsec=frontcover&dq=Disasters,+accidents,+and+crises+in+American+history:+A+reference+guide+to+the+nation%27s+most+catastrophic+events&hl=en&sa=X&ei=4maKUuL0H8mv0QWx0YFQ&ved=0CC4Q6AEwAA#v=onepage&q=Disasters%2C%20accidents%2C%20and%20crises%20in%20American%20history%3A%20A%20reference%20guide%20to%20the%20nation%27s%20most%20catastrophic%20events&f=false Levy, P. B. (2002). Encyclopedia of the Clinton presidency. Westport, Conn. [u.a.: Greenwood Press. http://books.google.co.ke/books?id=vEzWlAvDEf0C&printsec=frontcover&dq=%29.+Encyclopedia+of+the+Clinton+presidency&hl=en&sa=X&ei=U2eKUsTDM8Sq0QWp-IGoBQ&ved=0CC4Q6AEwAA#v=onepage&q=%29.%20Encyclopedia%20of%20the%20Clinton%20presidency&f=false United States., & United States. (1991). Government shutdown: Permanent funding lapse legislation needed : report to the Chairman, Subcommittee on the Civil Service, Committee on Post Office and Civil Service, House of Representatives. Washington, DC: The Office. +Subcommittee+on+the+Civil+Service,+Committee+on+Post+Office+and+Civil+Service,+House+of+Representatives.+Washington,+DC:+The+Office.&dq=Government+shutdown:+Permanent+funding+lapse+legislation+needed+:+report+to+the+Chairman,+Subcommittee+on+the+Civil+Service,+Committee+on+Post+Office+and+Civil+Service,+House+of+Representatives.+Washington,+DC:+The+Office.&hl=en&sa=X&ei=H2iKUrT9PNGl0wWU9oC4Bg&ved=0CC4Q6AEwAA United States. (1997). Government shutdown I: What's essential? : hearings before the Subcommittee on Civil Service of the Committee on Government Reform and Oversight, House of Representatives, One Hundred Fourth Congress, first session, December 6 and 14, 1995. Washington: U.S. G.P.O. st+session,+December+6+and+14,+1995.+Washington:+U.S.+G.P.O.&hl=en&sa=X&ei=cGiKUreBJabG0AW5zYGwDw&ved=0CC4Q6AEwAA United States., & United States. (1995). Effects of potential government shutdown: Joint hearing before the Committee on the Budget, United States Senate and the House of Representatives, Committee on the Budget, One Hundred Fourth Congress, first session, September 19, 1995. Washington: U.S. G.P.O. One+Hundred+Fourth+Congress,+first+session,+September+19,+1995&dq=Effects+of+potential+government+shutdown:+Joint+hearing+before+the+Committee+on+the+Budget,+United+States+Senate+and+the+House+of+Representatives,+Committee+on+the+Budget,+One+Hundred+Fourth+Congress,+first+session,+September+19,+1995&hl=en&sa=X&ei=xmiKUqTeDYGV0AXYw4DQBg&ved=0CC4Q6AEwAA United States. (1999). Government Shutdown Prevention Act: Report of the Committee on Governmental Affairs, United States Senate, together with minority views to accompany S. 558 to prevent the shutdown of the government at the beginning of a fiscal year if a new budget is not yet enacted. Washington: U.S. G.P.O. down+of+the+government+at+the+beginning+of+a+fiscal+year+if+a+new+budget+is+not+yet+enacted Read More