Government Function

Hi Everyone!

Below is a discussion of the government shutdown.

FIRST!!! WATCH THIS VIDEO: https://www.youtube.com/watch?v=xO58fmmPSe4&feature=youtu.be

  1. There were two separate bipartisan agreements that the Trump Administration rejected.
  2. Democrats have been saying they wanted Dreamer protections in end-of-year spending legislation, but knew the Republican majority would reject it.
  3. Republicans have been saying they will take up the issue of Dreamer protections when they address border security, but knew Democrats would insist it be in the legislation.

After reading each of the three points above, you might have thought to yourself, “Oh, so X is responsible for the shutdown.” Technically, yes. They are all responsible.  Please see below for a more detailed explanation of why this shutdown occurred.  Under that, you will find information about what a shutdown is, who it impacts, and how it is determined who will be impacted.

 

**What exactly would be suitable Dreamer protections is unclear.  Some Democrats are pushing for citizenship, others for amnesty, others for a new program that allows them to get jobs and go to school like DACA did.

Why did this shutdown occur?

  • The government shutdown occurred because US Senators could not agree on a final bill.

Why couldn’t US Senators agree?

  • There is a pretty heated debate going on in Washington over how to handle the Dreamer population. As a reminder, the Dreamers are a group of people who were protected under DACA (Deferred Action for Childhood Arrivals).  DACA gave these people who were not citizens the ability to go to school and get jobs.  This debate has been going on since DACA was undone* earlier this fall.  Since DACA has been cut, Democrats have consistently said they want Dreamer protection in the year-end spending legislation (which is what we are dealing with), while Republicans have said they want to address Dreamer protections during a negotiation over border security.
  • PS: Even when the Senators can come up with an agreement that gets Democrat and Republican support, they need Trump’s support. He has been unclear on how he wants to handle the Dreamers, and his advisors seem to oppose any Dreamer protection.

*When DACA was undone, people that had applied to DACA and received protections under DACA no longer had protections, and the program did not accept any more application for those seeking the protections DACA provided.

So who is at fault?

  • It is difficult to say. Let’s look at Democrats first: On one hand, Democrats have said they are in favor of the CR on the table, meaning they support the legislation that they voted against.  On the other hand, Democrats are the minority in the Senate, but they have enough votes to cause a filibuster*.  On several issues recently, Republicans have used a special rule limiting debate that kept the Democrats from using the filibuster (this is how the tax reform legislation was passed, and how Republicans tried to pass healthcare reform).  The rule that limits debate cannot be used on funding legislation.  Therefore, the Democrats saw this legislation as an opportunity to draw attention to one of their most important agenda items: getting protections for the Dreamers.  BASICALLY, the Republicans need some Democrats and Democrats NEED Dreamer protection.
  • Now Republicans: Presumably, they could put something in the legislation that moderate Democrats would support and have the votes they need, right? Not exactly.  There is a lack of consensus among Republicans on how to handle the dreamer population.  If the Republicans show leniency towards the Dreamers, they will lose the votes of more conservative Republicans.  BASICALLY, moderate Republicans are trying to please everyone, which anyone who tried to decide what a group should eat for dinner knows is not easy (#WhatDoWeWantForDinner).
  • LET’S REVIEW: Democrats don’t really have a good way to force the Republicans into Dreamer protections, other than voting against this legislation. Republicans will loose Republican votes if they add Dreamer protection, because they lack consensus.  Trump has been unclear on what legislation he will and will not support.  It is a real lose-lose (Note: what follows is my opinion, but isn’t most compromise lose-lose?)

** A FILIBUSTER EFFECTIVELY STALLS LEGISLATION AND MAKES IT SO IT WILL NOT MAKE IT TO A VOTE (it kills the bill)

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Things to know: Having this fresh will help you understand what follows…

  • Congress allocates funds to every area of the federal government through appropriations legislation (legislation that dictates how much $$$$ everyone gets ex. $1 million to the Department of Transportation, $1 million to the Department of Labor, etc.)
  • Congress has been using Continuing Resolutions (CRs) to fund the government. This means that Congress has not actually appropriated funds for FY18 yet.  Rather, they have kept the funding levels the same as those appropriated during FY17.

How does a government shutdown happen?

  • A government shutdown occurs when there is a funding gap. A funding gap occurs when the funding levels appropriated for a previous term have expired and Congress has not passed a CR or has not appropriated funds for the next term. In this case, a CR expired, and Congress did not agree on a new CR or appropriations legislation for FY18.

What happens when there is a government shutdown?

  • The government does not really shutdown completely. It is comparable to a phone being on low battery.  You can still perform functions deemed “essential,” but some background functions are turned off.

What functions are essential, which are not?

  • This depends on the department. Most high-level officials are considered essential, and therefore, will not be furloughed.
  • Some of the lower level employees, those filling the bureaucracy, will be furloughed, depending on the department.

You say, “depending on the department.”  Which departments are hit?

  • Many departments will see a reduction in workforce. The size of the workforce reduction varies considerably.  For example, the Department of Education will see 95% of its workforce furloughed, whereas the VA will see 4% of its workforce furloughed.

Who decides these furloughs?

  • Following previous shutdowns, legislation has been passed deeming certain departments or positions “essential.” The VA, border patrol and customs, and air traffic control are among those departments deemed essential.

How does this impact the average citizen?

  • If you are not a federal contactor, or not closely related to a federal contractor, it is unlikely that you will notice any change in terms of government involvement in your day to day life. Your mail will still be delivered, food stamps and social security will be distributed—there will be minimal impact to you.

How does this end?

  • Option 1: Republicans add some Dreamer protection and the legislation gets enough Democratic support to outweigh the Republican defections.
  • Option 2: Democrats agree to a shorter CR that will make this problem come up again before Dreamers start to lose their protections, which will begin in mid-March.
  • Option 3: Some hybrid of Option 1 and 2.

The purpose of this posting was to highlight the events leading to the government shutdown, and show the difficulty in putting the blame on one party or group.  Please consider the group of people involved in the decisions made over the past few months that led to this event.

Please comment or message me if you have any questions, suggestions, or requests! If you made it made it this far in the post–THANK YOU!

The following sources were consulted, additionally, all information regarding the positions of any party or individual were gathered from press releases by Speaker Ryan, Majority Leader McConnell, Minority Leader Schumer, and Minority Leader Pelosi (Please see Speaker Ryan’s interview on Face of the Nation and Majority Leader Schumer’s speech on the Senate floor on the afternoon of the 21st.)

Bryan, Bob. “The Government Shutdown Is Now in Day 3.” Business Insider, Business Insider, 22 Jan. 2018, uk.businessinsider.com/history-of-government-shutdowns-in-congress-2018-1.
Matthews, Dylan. “Here Is Every Previous Government Shutdown, Why They Happened and How They Ended.” The Washington Post, WP Company, 25 Sept. 2013, http://www.washingtonpost.com/news/wonk/wp/2013/09/25/here-is-every-previous-government-shutdown-why-they-happened-and-how-they-ended/?utm_term=.e2a322db2c11.
Naylor, Brian. “Open Or Closed? Here’s What Happens In A Partial Government Shutdown.” NPR, NPR, 19 Jan. 2018, http://www.npr.org/2018/01/19/578985305/open-or-closed-heres-what-happens-in-a-partial-government-shutdown.
Parlapiano, Alicia, and Karen Yourish. “What Will Happen If the Government Remains Shut Down.” The New York Times, The New York Times, 19 Jan. 2018, http://www.nytimes.com/interactive/2018/01/19/us/politics/government-shutdown-employee-effects.html.
Sharman, Jon. “US Government Shutdown: Why Did It Happen, What Does It Mean and How Long Will It Last?” The Independent, Independent Digital News and Media, 20 Jan. 2018, http://www.independent.co.uk/news/world/americas/us-politics/us-government-shutdown-latest-updates-why-what-mean-how-long-schumer-donald-trump-daca-a8169511.html.
“What Happens during a Government Shutdown? 7 Things You Should Know.” Fox News, FOX News Network, 19 Jan. 2018, http://www.foxnews.com/politics/2018/01/19/what-happens-during-government-shutdown-7-things-should-know.html.