If you've heard about the actions of Congress in forming a budget, you might believe that passing Continuing Resolutions is the standard procedure:
CRs have become a regular tool for Congress, which repeatedly struggles to complete the annual appropriations process on time: Congress has enacted at least one CR in all but three of the past 47 fiscal years. From 2010 to 2022, policymakers passed 47 continuing resolutions ranging in duration from one to 176 days.
But that’s not how budgets are supposed to be passed! Congress is supposed to pass a budget every year before the fiscal year (October 1) runs out. But they rarely do. Here’s how it is supposed to be done:
The overall level of funding in the discretionary budget that Congress is required to pass annually (referred to as 302(a) allocations, named for the section of the 1974 Congressional Budget Act that governs the congressional budget process);
The subdivision of funding into the 12 appropriations bills, such as Defense, Agriculture, or Homeland Security (called 302(b) allocations); and
Policy provisions that are often included in appropriations bills and reflect non-budgetary priorities of the two parties, often referred to as policy ‘riders.’
The problem is that both parties in Congress can’t seem to agree on what should be in a budget, and if they don’t come to agreement, the government will shut down. Unless they pass a Continuing Resolution.
There are six types of CRs: deciding which agencies and projects will get funded, based on last year’s budget (or CR); how long the CR will be extended; the rate at which the agencies will spend funds, calculated at an annual rate; determining if exceptions for new activities need to be made; exceptions to be made from the previous year’s budget; and if there are legislative riders to be attached.
But there actually is a process to be followed:
Under the Congressional Budget and Impoundment Control Act of 1974, the president is supposed to submit a budget to Congress by the first Monday of February, outlining how much the executive branch needs for the coming year. The House and Senate budget committees then go on to pass a budget resolution by the middle of April, before the House begins considering the 12 individual appropriations bills drafted by subcommittees to fund different areas of the government, to be concluded by the end of June.
In recent decades, Congress has hardly ever stuck to that timeline. Instead, lawmakers opt almost every year for continuing resolutions that extend funding before ultimately adopting massive bills, known as omnibus packages, in lieu of the 12 appropriations bills to get the new funding over the finish line. Tucked within those omnibus packages are often policies or programs that wouldn't pass if they were taken up in isolation, making them appealing to some lawmakers.
It's important to note that President Trump did not submit a full budget, but rather a budget proposal, to the House.
There are several disadvantages to relying on Continuing Resolutions. First, the Congress, with few exceptions, is limited to the previous year’s budget. Second, projects that will be funded may not be needed, and new projects that have been identified during the past year may not qualify for funding. Third, pressure is on to spend money that hasn’t been used, rather than return the funds to Treasury. Finally, Congress is not using the process intended to create a reasonable and responsible budget.
For this coming year, a Continuing Resolution has been passed, so far, by the House:
The stopgap measure would increase defense spending, along with additional funding for veterans’ health care, while decreasing non-defense spending below 2024 levels. The bill also includes more funding for Immigration and Customs Enforcement.
[snip]
The House passed the measure on Tuesday with the support of all but one Republican and a single Democrat, after House Democratic leaders worked to keep their caucus united against the bill. The sole Republican opposition came from Rep. Thomas Massie of Kentucky, who saw intense criticism from the president over his stance. Mr. Trump said on Truth Social that Massie should be primaried. The president made calls to potential GOP holdouts on the continuing resolution, a White House official confirmed to CBS News.
Next, the CR will go to the Senate for a vote. Although the Republicans have the majority (53 Senators), they will need 60 votes for the CR to pass. Since Senator Rand Paul will not be voting for the CR, 8 Democrats will be needed to reach a total of 60.
And if the CR is not passed? There will be a government shutdown that would look like this scenario:
Many federal government agencies and programs that rely on annual funding appropriations would be paused if Congress fails to pass – and President Donald Trump fails to sign – budget legislation.
During a government shutdown, hundreds of thousands of federal workers deemed nonessential would be furloughed until funding is passed, meaning they won't work and won't be paid.
Employees whose work is classified as an essential service for critical operations in defense, energy, agriculture and other sectors would continue to work without pay. However, under a 2019 law, all federal workers would be reimbursed for retroactive wages later.
Each federal agency develops its own shutdown plan based on previous shutdowns and guidance from the Office of Management and Budget (OMB), according to the CRFB.
Will they pass the Continuing Resolution? Or will we see a government shutdown?
Convention of States
Our Founders established the process for creating a budget from which the government would operate in a fiscally responsible way. That process includes following a balanced budget and successfully negotiating a budgetary process that doesn’t become a legislative punching bag. Partisanship has become the norm; an Article V Convention, however, would provide citizens with the ability to demand that Congress and the President be fiscally accountable to the people.