Comment: Why Congress is edging up to a shutdown

By Charlie Hunt / For The Conversation

Congress faces an Oct. 1 deadline to adopt a spending measure to keep the federal government open.

Various reporters will be interviewing serious people saying serious things in the basement corridors of the U.S. Capitol. There will also be political posturing, misrepresentation and either braggadocio or evasion. Politics editor Naomi Schalit interviewed congressional expert Charlie Hunt, a political scientist at Boise State University, about the now-perennial drama over spending in Congress and what’s very different about this year’s conflict.

In the past, how did Congress pass budgets so that government could keep operating?

Typically, you would get an actual passage of a full budget for a year. But in the last 20 or 30 years or so, since we’ve become a more polarized country with a polarized Congress, we have a lot of what are called continuing resolutions, or CRs.They’re stopgap measures — not the full budget — and don’t tend to make a lot of changes on a lot of the spending priorities that Congress has.

Continuing resolutions usually just extend current levels of spending for a short time so that the two parties can continue negotiating. But as negotiations over long-term budgets have tended to fail more and more, these CR’s are becoming more common, and Congress almost never passes a full budget on a yearly basis at this point.

What’s the role of the president here?

The president has the power to veto any piece of legislation, and that includes the federal budget. Essentially, what majorities in Congress need when they are going into a budget fight is either the president’s implicit sign-off on whatever they pass, or they need enough votes to override the president’s veto.

Congress and the presidency right now are both held by Republicans, they’re in pretty deep alignment, so that’s not as much of a concern this time. It’s really just what Trump wants that needs to be a part of this legislation, and if there’s something in it that he really doesn’t like, then Congress needs to go back to the drawing board and the Republicans need to find out a way to get that into the bill.

What is driving each party in these negotiations?

Two different things are at work here. One is that Congress, as I mentioned, is really polarized. The two parties are farther apart from each other than they used to be. So the average Democrat and the average Republican aren’t going to agree as much on policy priorities and funding priorities than they did, say, in the 1980s or 1970s or before that.

The other thing is that Congress in recent decades has been more closely divided than they have been in the recent past, say, the last century. In both chambers, House and Senate, it’s very rare for one party or the other to have some massive majority. You need a majority of 60 in the Senate to have a chance at passing most legislation, for example, and this big a majority hasn’t happened since 2009. That’s something President Obama enjoyed with the Democrats for just a short period of time.

Since then, there have been very closely divided chambers in Congress, and that means that you need, at least in the Senate, some bipartisanship in order to pass that 60-vote threshold to break a filibuster. That’s what’s really gumming up the works right now. Democrats don’t feel like they’re being included in negotiations, and so they’re not likely to agree to a Republican-only budget in the Senate.

What is different about the 2025 budget fight than previous ones?

A lot of the dynamics are still the same. You still have partisan fighting. And you still have some divides within the two parties that I think are worth mentioning. One example: There was a Senate vote just the other day on one of these budget resolutions, and a couple of Republicans voted with the Democrats. So for some of these more deficit-hawk Republicans, that concern is still playing a role.

What’s new this time around is this element of rescissions. This is a tool that’s been available since the 1970s in which presidents ask Congress to rescind spending that they had allocated. This is what happened earlier this year with the rescissions on public broadcasting — NPR and PBS — that got a lot of attention, as well as on U.S. Agency for International Development. Trump said he wanted to cut funding for public broadcasting; the GOP in the Senate and House voted to let him. They didn’t need 60 votes in the Senate for a rescission, either. Just a majority for this move.

So in this case, Democrats are looking at this and thinking, “Why should we negotiate, if you’re just going to rescind that later on without our consent?” That’s a major element that’s changed. While it’s a power that has been in place for a while, Trump and the Republicans have been really willing to wield that.

Do you see this rescission power being exercised with every budget or continuing resolution that Congress passes?

This is a pretty serious breach of what we call Congress’ “power of the purse.” That spending power is set out in Article 1 of the Constitution. It is a key power, maybe their most important power and point of leverage they have in going back and forth with the president and making sure the executive branch doesn’t accrue too much power.

But if this rescission authority is going to be used in this way going forward, where basically any spending priority that the president doesn’t want or doesn’t want to fund is going to be subject to rescission, then Congress doesn’t really have the power of the purse, right? They have a president who is going to veto anything that doesn’t live up to their expectations, or they can just sign it and then ask for these rescissions later.

The key thing here is that President Trump currently has in Congress a set of Republicans in both the House and the Senate who are willing to do virtually anything he wants and are subject to a lot of the political pressures in their districts that put him in office in the first place. So if they don’t go along with rescissions, they’re going to face the wrath of their Republican voters in their district.

That’s one thing that’s really changed in the last 30 years that I think gives the president a lot more authority in these matters, and makes rescission such a powerful tool that did not exist before.

Charlie Hunt is an associate professor of political science at Boise State University. This article is republished from The Conversation under a Creative Commons license.