Opinion: The Shutdowns and the Constitution

Abstract

The government shutdowns in the 1990s represented a tactic new to the American political experience and raised serious constitutional questions. Massive shutdowns are not likely to recur because of the strong negative reaction by the electorate.1 But there remains a possibility that the tactic may yet be employed in modified form by any of the political parties in a manner thought to involve less risk. Even if this is unlikely to happen, the subject warrants at least a brief historical note. The Congress elected in 1994 claimed a mandate to make fundamental changes in the character of the federal government and in the level of federal taxation. But the election did not give it veto-proof majorities to accomplish these objectives over the opposition of the president. Congress therefore resorted to withholding appropriations as a measure in a war of attrition to move the president toward acceptance of its programs.2