Shutdown Impact: Can The President Still Sign Laws?

Government shutdowns in the United States occur when there is a disagreement over budget allocations before the existing cycle ends. This can be due to the president vetoing finalized appropriation bills or from one or both chambers of Congress. During a shutdown, federal agencies must discontinue all non-essential functions until new funding legislation is passed and signed into law. Essential services continue to be provided, and mandatory spending programs remain unaffected. While there is no explicit mention of the president's ability to sign laws during a shutdown, the continuation of essential services and the signing of laws by the president are independent events.

The President can still perform their constitutional duties during a shutdown

During a government shutdown, the President can still perform their constitutional duties. A government shutdown occurs when Congress fails to enact the 12 annual appropriation bills, which determine the levels of spending for each federal department and government program, and federal agencies must then cease all non-essential functions until Congress acts.

In a 1981 opinion, Attorney General Benjamin Civiletti stated that the president could continue to exercise their constitutional responsibilities during a shutdown. This means that the President can still sign laws during a shutdown, as long as Congress has passed the bills and sent them to the President for their signature.

For example, during the 2018-2019 government shutdown, President Trump endorsed a plan to reopen the US government for three weeks to facilitate negotiations for a suitable appropriation bill. Additionally, in March 2025, President Donald Trump signed an executive order calling for the dismantling of the Education Department, although it was noted that completely closing it would require an act of Congress.

The President's constitutional duties include the power to make treaties, appoint ambassadors, and nominate judges of the Supreme Court, all with the advice and consent of the Senate. The President also has the power to veto any finalized appropriation bills they receive, which can lead to a government shutdown if there is a disagreement over budget allocations.

Congress must pass appropriation bills before the President can sign them into law

The process of appropriation and control of government funds for the United States is the sole responsibility of the United States Congress. Congress initiates this process by proposing an appropriation bill aimed at determining the spending levels for each federal department and government program. The finalized version of the bill is then voted on by both the House of Representatives and the Senate. After it passes both chambers, it is sent to the President of the United States to be signed into law.

Congress must pass these appropriation bills before the President can sign them into law. If Congress fails to enact all 12 annual appropriation bills, federal agencies must cease all non-essential functions until Congress acts. This results in a government shutdown. During a shutdown, federal agencies must discontinue all non-essential discretionary functions until new funding legislation is passed and signed into law. Essential services, such as air traffic control and law enforcement, continue to function, as do mandatory spending programs.

In the event of a shutdown, federal employees are typically told not to report for work. However, under a 2019 law, they receive retroactive pay once the shutdown ends. Congress, on the other hand, continues to receive pay during a shutdown due to their permanent appropriation for congressional pay.

Disagreements over budget allocations can lead to government shutdowns. These disagreements can arise from the President, who has the power to veto any finalized appropriation bills, or from one or both chambers of Congress. For example, the shutdown of December 2018–January 2019, the second during Donald Trump's presidency, was caused by a dispute over funding for a Mexico-United States border wall. Trump initially backed down on his demand for border wall funding but later reversed his decision and refused to sign any continuing resolution that did not include it. Democrats blocked further attempts to include border wall funding, leading to the shutdown.

Shutdowns occur when there is a disagreement over budget allocations

Government shutdowns occur when there is a disagreement over budget allocations before the existing cycle ends. The United States Constitution grants Congress the sole responsibility of appropriating and controlling government funds. Congress initiates this process by proposing an appropriation bill to determine spending levels for each federal department and government program. The finalized bill is then voted on by the House of Representatives and the Senate. After passing through both chambers, the bill proceeds to the President for their signature.

Shutdowns can be caused by disagreements from the President or one or both chambers of Congress, often influenced by the political party in control. Presidents may veto finalized appropriation bills, while Congress can attempt to override a presidential veto, requiring a two-thirds majority in both chambers. In some cases, Congress may pass a Continuing Resolution (CR) to temporarily avoid a shutdown by extending funding and allowing time for negotiations. However, if a CR is blocked due to disagreements, a shutdown will occur if a new resolution or appropriation bill cannot be passed.

Since the introduction of the modern budget process in 1976, there have been 20 "funding gaps," with four "true" shutdowns affecting operations for more than one business day. Notable shutdowns include the 21-day shutdown in 1995-1996 during Bill Clinton's administration due to opposition to spending cuts, and the 16-day shutdown in 2013 during Barack Obama's term caused by a dispute over the Affordable Care Act. The longest shutdown occurred from December 2018 to January 2019 during Donald Trump's presidency, sparked by a disagreement over funding for a border wall between the US and Mexico.

During a shutdown, federal agencies must halt non-essential functions until new funding legislation is passed and signed into law. Essential services and mandatory spending programs continue to operate, but federal employees may be furloughed, and the government temporarily stops paying contractors. The impact of shutdowns can be significant, causing disruptions to public services, delays in salaries, and economic damage.

Federal agencies must stop all non-essential functions during a shutdown

During a government shutdown, federal agencies must stop performing all non-essential functions. This is because the agencies cannot spend or obligate any money without an appropriation (or other approval) from Congress. Congress must pass, and the President must sign, budget legislation for the next fiscal year, consisting of 12 appropriations bills, one for each Appropriations subcommittee.

If Congress fails to enact these 12 annual appropriation bills, federal agencies must cease all non-essential functions until Congress acts. This is known as a government shutdown. During a shutdown, many federal employees are told not to report for work, although they will get paid retroactively when the shutdown ends. Employees who provide essential services, such as air traffic control and law enforcement, continue to work but are not paid until the shutdown ends.

Each federal agency develops its own shutdown plan, following guidance from the Office of Management and Budget (OMB). The plan identifies which government activities may not continue until appropriations are restored, requiring furloughs and the halting of many agency activities. Shutdowns can also disrupt state, territorial, and local levels of government.

Government shutdowns tend to occur when there is a disagreement over budget allocations before the existing cycle ends. Disagreements can come from the president, through vetoing any finalized appropriation bills, or from one or both chambers of Congress, often influenced by the political party in control of that chamber.

Shutdowns can disrupt state, territorial, and local levels of government

Government shutdowns occur when there is a disagreement over budget allocations before the existing cycle ends. This can be due to a presidential veto or from one or both chambers of Congress. During a shutdown, federal agencies must stop all non-essential functions until new funding legislation is passed and signed into law.

Shutdowns can also disrupt state, territorial, and local levels of government. Funding gaps began to lead to shutdowns in 1980 when Attorney General Benjamin Civiletti issued a legal opinion requiring it. Since 1990, all funding gaps lasting longer than a few hours have led to a shutdown. As of February 2024, there have been 10 funding shutdowns that have resulted in federal employees being furloughed.

The impact of a shutdown can be significant, with approximately 800,000 federal employees put on furlough and an additional 1.3 million required to work without knowing when they would be paid. This costs the government millions in back pay. Major government programs, such as those for Native Americans, children, and domestic violence victims, are disrupted, and tourism is impacted due to the closure of national parks and institutions. The economy also suffers, with reduced economic growth and businesses unable to obtain federal permits, certifications, or loans.

The exact details of which government functions stop during a shutdown are determined by the Office of Management and Budget. "Emergency personnel" continue to work, including military, federal law enforcement, doctors, and nurses in federal hospitals, and air traffic controllers. Some agencies continue with minimal staffing, and Congress members continue to be paid.

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