Civiletti Opinion Invented Shutdowns

Updated: 2025.10.03 19D ago 1 sources
The modern 'government shutdown' emerged from a 1980 Attorney General opinion interpreting the Antideficiency Act, which converted budget lapses into agency closures. Before this, departments created 'coercive deficits' by spending early, forcing Congress to backfill. Since most spending continues automatically during a shutdown, the spectacle primarily serves political leverage. — Reframing shutdowns as a fixable legal artifact, not just party brinkmanship, directs reform toward statute and interpretation rather than annual blame cycles.

Sources

Shutdowns as Political Theater
David Hebert & Paul Mueller 2025.10.03 100% relevant
The article cites the 1974 Congressional Budget and Impoundment Control Act and Benjamin Civiletti’s 1980 opinion as the origin of shutdown dynamics, and notes ~80% of activity continues during shutdowns.
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