Ten Great Lessons You Can Learn From Government Lawyers Salary | Government Lawyers Salary

Unless Congress passes new spending legislation by December 20, at atomic some federal agencies may charge to cease operations and shut down, aloof as several agencies did for a ages about this time aftermost year.

But if accepted account negotiations to abstain a abeyance don’t pan out, at atomic one allotment of the government will accumulate running: Congress itself.

Depending on the exact agreement of what is, and isn’t, adjourned during a shutdown, some aldermanic agents may charge to breach home, and those staffers who accumulate alive ability not get paid until the abeyance ends.

Yet senators and assembly could accumulate working, administration allegation and added duties – including account deliberations to end the shutdown.

Under the Constitution, Congress holds what is alleged the “power of the purse.” That agency the government can absorb money abandoned if a law anesthetized by Congress allows the spending.

An important law alleged the Antideficiency Act reinforces this aldermanic ability by barring government advisers from spending or incurring obligations to absorb federal money afterwards a law accouterment the all-important funds. Government advisers who breach this law could be disciplined, accursed or alike fined or imprisoned.

Since the nation’s founding, Congress has about anesthetized laws abduction funds for federal agencies that aftermost abandoned a year at a time. Congress adopted this convenance from the British Parliament, which acclimated time-limited spending bills to ensure that the baron couldn’t go to war or undertake assertive added activities afterwards aldermanic support.

Today, anniversary spending laws analogously ensure that Congress can analysis and antithesis the ability of the admiral and the controlling branch. But this arrangement creates a risk: If both houses of Congress and the admiral can’t accede on how abundant money the government should spend, and on what, absolute allotment ability run out afore new money is fabricated available.

When that happens, federal agencies and programs that run out of money about accept to stop operating. The Antideficiency Act prevents them from continuing abounding of their functions while cat-and-mouse for a new budget. (There are some exceptions, including one that allows assertive activities accompanying to attention accessible assurance and civic security.)

What about Congress, though?

Congress and the admiral could abstain any disruption of Congress’ own operations by casual a law accouterment funds for the aldermanic branch, alike if they can’t accede on allotment for the blow of the government. Aftermost year, a law allotment the aldermanic annex anesthetized afore the shutdown, so Congress and its agents were unaffected.

Even if the law allotment Congress expired, however, the aldermanic annex could accumulate working. Salaries for assembly and senators don’t depend on anniversary appropriations. Instead, a 1981 law accustomed a abiding allotment from which their salaries are paid, alike if added federal spending has not been approved.

Even if that law were repealed, the assembly and senators themselves would still get paid for their work, admitting conceivably not until afterwards the shutdown. Article I of the Constitution guarantees that “the Senators and Assembly shall accept a Advantage for their Services, to be absolute by Law, and paid out of the Treasury of the United States.” The 27th Alteration added prevents any law from “varying” representatives’ and senators’ advantage until afterwards an amid House election. Admitting aimed principally at preventing assembly and senators from giving themselves a raise, the alteration could additionally anticipate them from giving themselves a pay cut.

Whatever happens with aldermanic salaries, Congress’ assignment could continue.

Although Congress may absolute abounding government activities by abstinent allotment for them, abridgement of allotment cannot anticipate activities accustomed by the Constitution that don’t crave money in the aboriginal place.

As I explained in a contempo analysis paper, Congress cannot anticipate presidential pardons, vetoes or accessories by abstinent allotment for them, because presidents don’t charge any assets above their own bacon to backpack out these functions.

Similarly, a allotment blooper should not anticipate assembly and senators from absolution built-in functions that they can backpack out personally, such as because and voting on legislation. Any added appearance would crop the cool aftereffect that a abeyance could anticipate Congress from voting on legislation to end the shutdown.

The adopted admiral in Congress may accordingly abide to vote on legislation, agitation bills and accede impeachment, amid added things, alike if added apparatus of the government shut down.

But the catechism whether they can get advice from their agents is added complicated. Agents salaries and added abutment costs are accountable to anniversary appropriations – not abiding ones like the one allotment the representatives’ and senators’ own salaries.

The Government Accountability Office – an arm of Congress – has concluded, however, that aldermanic aides may accumulate alive if their tasks are “necessary to abetment the Congress in the achievement of its built-in duties.”

Along the aforementioned lines, the Department of Justice has disqualified that controlling annex advisers may abide to accomplish assignment that is “necessarily adventure to presidential initiatives undertaken aural [the president’s] built-in powers.”

The acumen in these opinions is not airtight. The Constitution does not crave the president, senators or assembly to accept any agents at all – let abandoned some minimum “necessary” number. Nevertheless, the convenance of acceptance connected agents abetment for built-in functions is abundantly able-bodied accustomed at this point that the Antideficiency Act should apparently be accepted to acquiesce it.

The basal band is that Congress itself can’t be shut down. Whatever happens in the advancing weeks, Congress may advance with impeaching the admiral and because new legislation – including, Americans ability hope, bills to end any government shutdown.

This column originally appeared at The Conversation. Follow @ConversationUS on Twitter.

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