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When the Government Shuts Down: How Law, Politics, and Policy Collide

4 MIN READ

As the federal government remains partially shut down, a new legal battle is unfolding over the nation’s largest food assistance program. The Trump administration faces court deadlines today to tell two federal judges whether it will comply with orders to continue funding the Supplemental Nutrition Assistance Program (SNAP) using contingency reserves during the ongoing shutdown. Payments to SNAP were scheduled to freeze beginning November 1, and even if the courts intervene, recipients are expected to face delays in November benefits as states work to reload cards.

For more than 40 million Americans, the issue is not abstract. Parents are recalculating grocery budgets, while local food banks prepare for an influx of need. A single missed payment can translate into empty shelves in pantries, longer lines at food distribution centers, and growing uncertainty for seniors, families with kids, and those with disabilities who rely on federal aid to meet basic needs.

This overlap between government decisions and daily life shows how a shutdown isn’t just a political problem; it’s something that affects people in very real ways.

The Law That Started It All

The idea of a shutdown is a relatively recent development in U.S. history. For much of the twentieth century, federal agencies kept running even when Congress hadn’t finished passing a budget. That changed in 1980, when a legal interpretation of the Antideficiency Act[1]To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, “Money and Finance”., Public Law 97-258, 97 Congress. 96 Stat. 877 (1982). This … Continue reading required agencies to cease most non-essential activities during a lapse in appropriations.

Congress enacted the law[2]Darrell Curren, Government Contracting in the Shadow of the October 2013 Federal Government Shutdown, 44 PUB. CONT. L.J. 349 (Winter 2015). This document can be found in HeinOnline’s Law Journal Library. to make sure it retained control over federal spending. The law makes it illegal for government officials to spend or promise money that hasn’t been approved by Congress, with penalties that can include fines or even criminal charges. Ironically, this same law is what forces modern shutdowns. For decades, this rule didn’t cause much trouble. When Congress fell behind on passing budgets, government offices simply kept running, assuming lawmakers would sort things out soon enough.

In 1980, Attorney General Benjamin Civiletti issued a new interpretation of the law.[3]Benjamin R. Civiletti, Authority for the Continuance of Government Functions during a Temporary Lapse in Appropriations, 43 Op. Att’y Gen. 293 (1979-1981). This document can be found in HeinOnline’s U.S. Federal Agency Documents, … Continue reading He decided that if Congress failed to approve funding, federal agencies were legally required to stop most operations until money was restored. Overnight, what had once been a routine paperwork issue turned into something far more serious: the modern government shutdown.

excerpt from an attorney general opinion from 1980

A Recurring Reality

Shutdowns have become a familiar feature of American politics. While the law behind shutdowns hasn’t changed much, how leaders use it has. Agencies and administrations interpret it differently each time, and Congress continues to use the shutdown threat as leverage in budget negotiations.

The Congressional Research Service notes[4]1 [i] (September 30, 2025) Past Government Shutdowns: Key Resources. This document can be found in HeinOnline’s U.S. Congressional Documents database. that some have lasted only a day or two, while others dragged on for weeks, such as the 21-day shutdown of 1995–96, the 16-day lapse in 2013, and the record-setting 35-day shutdown of 2018–19. The CRS notes that it’s “difficult to predict” what might happen in any future funding lapse, but history makes one thing clear: every shutdown reflects a tug-of-war between fiscal policy, political power, and public impact.

When the Government Stops, People Feel It

Each shutdown ripples far beyond Capitol Hill. When federal funding lapses, hundreds of thousands of government employees are furloughed without pay, while many others must keep working without a paycheck until the shutdown ends. During the 1995–1996 lapse, for example, about 800,000 employees were furloughed, while another 1.3 million continued working in essential roles without pay.

The impact extends to communities and industries[5]4 (January 18, 2001) Shutdown of the Federal Government: Causes, Effects, and Process. This document can be found in HeinOnline’s U.S. Congressional Documents database. that depend on federal operations. The Congressional Research Service documented that:

  • Health and safety programs paused: The National Institutes of Health stopped admitting new patients to clinical trials, and the Centers for Disease Control and Prevention suspended disease tracking and other public health monitoring.
  • Environmental cleanup stalled: More than 600 toxic waste sites were temporarily shut down, leaving 2,400 workers idle.
  • Tourism and travel took a hit: 368 national parks and monuments closed, turning away an estimated 7 million visitors and costing local economies roughly $14 million per day in lost tourism revenue.
  • Public services slowed: Agencies delayed processing passports, visas, and background checks, while some law enforcement training and hiring were postponed.
  • Native and veteran communities were directly affected: The Bureau of Indian Affairs furloughed more than 13,000 employees, halting assistance payments and royalties to thousands of individuals, while veterans faced delays in benefits and healthcare access.

Together, these effects show that a shutdown doesn’t just pause government; it interrupts the daily functions that millions of Americans rely on, from healthcare and safety programs to economic activity and community services.

Major Shutdowns Through History

Since 1980, the United States has experienced more than 20 funding gaps, though only a handful lasted long enough to significantly disrupt government services.

Year Duration Administration The Spark
1980 (May 1) 1 day Carter (D) FTC funding lapse
1981 4 days Reagan (R) Veto fight over appropriations
1984 ≈4 hours Reagan (R) Disputes over water projects & civil rights rider
1986 ≈4 hours Reagan (R) Push for omnibus appropriations
1990 (Oct 6–8) 3 days George H. W. Bush (R) Deficit-reduction package including tax increases
1995 (Nov) 6 days Clinton (D) Medicare & spending cuts dispute
1995–96 (Dec–Jan) 21 days Clinton (D) Balanced budget standoff
2013 (Oct 1–17) 16 days Obama (D) Affordable Care Act dispute
2018 (Jan) 3 days Trump (R) Immigration/DACA impasse
2018–19 (Dec 22–Jan 25) 35 days Trump (R) Border wall funding dispute
2025 (Oct 1–present) Ongoing Trump (R) Spending levels & health insurance subsidies

Every government shutdown tells its own story. Sometimes it’s a disagreement over funding, sometimes over policy, and sometimes over political priorities. What used to be a routine budget delay has become a tool in negotiation, a way for leaders in Washington to assert their positions and test each other. Shutdowns have become part of how the federal government navigates conflict, even though the effects are often felt most by everyday Americans.

Dig Deeper: Follow the Money, the Law, and the Shutdowns

From the Antideficiency Act of 1884 to today’s high-stakes budget battles, every government shutdown leaves a paper trail, and you can trace it in HeinOnline. Whether you’re curious about the legal history, the economic ripple effects, or the human stories behind the headlines, HeinOnline brings the sources together in one place. Continue your research with these resources:

HeinOnline Sources

HeinOnline Sources
1 To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, “Money and Finance”., Public Law 97-258, 97 Congress. 96 Stat. 877 (1982). This document can be found in HeinOnline’s U.S. Statutes at Large database.
2 Darrell Curren, Government Contracting in the Shadow of the October 2013 Federal Government Shutdown, 44 PUB. CONT. L.J. 349 (Winter 2015). This document can be found in HeinOnline’s Law Journal Library.
3 Benjamin R. Civiletti, Authority for the Continuance of Government Functions during a Temporary Lapse in Appropriations, 43 Op. Att’y Gen. 293 (1979-1981). This document can be found in HeinOnline’s U.S. Federal Agency Documents, Decisions, and Appeals database
4 1 [i] (September 30, 2025) Past Government Shutdowns: Key Resources. This document can be found in HeinOnline’s U.S. Congressional Documents database.
5 4 (January 18, 2001) Shutdown of the Federal Government: Causes, Effects, and Process. This document can be found in HeinOnline’s U.S. Congressional Documents database.
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