How does the balance of authority between the executive and legislative branch change during a “government shutdown”? And how might that authority be stretched and abused by an administration eager to do so?
Yeah, Congress has power of the purse, and in normal course there are mechanisms to provide/enforce spending by the executive according to statute. But it seems that in these shutdowns, the executive gains some authority to decide what functions are critical and kept open and which are not. Where does that authority come from, and how far does it go?
Could a motivated administration decide that in a shutdown, some entire disfavored agencies like EPA, HUD, ED, etc should go to skeleton crew? Could earned benefit checks be prioritized by state or other class? Who has standing to file in what courts to successfully enjoin such overreaches?