THE PARALYSIS OF THE UNITED STATES GOVERNMENT AND ITS LEGAL CONSEQUENCES IN THE CONTEXT OF A SHUTDOWN

Abstract

The paralysis of the United States federal government, known as a shutdown, occurs when Congress fails to approve the necessary budgetary legislation within the legal deadline, resulting in the suspension of non-essential public services. This situation highlights recurring tensions between the Executive and Legislative branches and has clear legal foundations within U.S. law, particularly in rules that prohibit public expenditures without legislative authorization. This article aims to analyze the shutdown from a constitutional law perspective, examining its normative foundations, legal consequences, and institutional impacts on governance and the separation of powers in the United States. The study adopts a qualitative methodology, based on bibliographic and documentary research, drawing on classical and contemporary constitutional law scholarship and relevant legal frameworks governing the federal budget process. The findings show that, despite being legally grounded, shutdowns undermine administrative continuity, disrupt public policies, and create legal and professional insecurity for public servants, contributing to institutional instability. The study concludes that the recurrence of shutdowns exposes structural limits of the current budgetary model and presents significant challenges to democratic governance.