The Powers of a President in a Shutdown

The President can declare certain government functions “essential” or “excepted,” keeping agencies like the military, law enforcement, and air traffic control operational. But there’s a catch—essential employees must work without pay until Congress fixes the problem. Federal workers have been through this before: the shutdown ends, they get their back pay, and Washington pats itself on the back for solving a crisis of its own making.

The President can also use emergency authorities, but this is a legal minefield. If there’s a direct national security threat—an attack, a war, a cyber event—the President has some latitude to redirect funds. But using emergency powers to sidestep Congress and keep the entire government running? That’s where the law draws a hard line. The Antideficiency Act (ADA), a relic of the 19th century, explicitly prohibits government agencies from spending money that hasn’t been appropriated. Violating it isn’t just a bureaucratic no-no—it’s a crime.

The Treasury Department, under the President’s direction, can engage in some financial gymnastics to keep the lights on a little longer. This means shifting money around, deferring payments, or taking “extraordinary measures” (such as pausing investments in government retirement funds) to avoid hitting the debt ceiling. But these moves are stall tactics, not solutions—they don’t create new money, they just buy time.