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- Title
CANCELLING CONTINUING RESOLUTIONS.
- Authors
Van Orsdol, Justin C.
- Abstract
Every year, by October 1st, Congress is supposed to pass an annual appropriations bill. The number of times Congress has done so timely could be counted on one hand. In lieu of full appropriation bills, Congress relies on a well-known stopgap measure: continuing resolutions. Although continuing resolutions have been instrumental in preventing most government shutdowns—and the devastating costs associated with them—nothing good comes free. On the surface, the costs of continuing resolutions seem minimal and worthwhile. But on closer inspection, new problems emerge. In reality, continuing resolutions have far-reaching and dire consequences that affect constitutional rights for litigants and the security of the federal judiciary. Continuing resolutions may also encourage violations of the Competition in Contracting Act and may even raise separation of powers concerns, just to name a few. What is the impact of these consequences? And what should we—or even can we—do to address them? This Article explains that the consequences of continuing resolutions have more than just monetary implications and that the downstream effects threaten national security and government programs that we rely upon. As to the later question, this Article suggests that we can—and should— make meaningful improvements as to how we use continuing resolutions by (1) incentivizing Congress to pass timely budgets and (2) increasing agency appropriation flexibilities.
- Subjects
UNITED States. Congress; STOPGAP solutions; PROBLEM solving; GOVERNMENT shutdown; CIVIL rights; LEGAL self-representation
- Publication
University of Louisville Law Review, 2023, Vol 62, Issue 1, p1
- ISSN
1942-9274
- Publication type
Article