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Role of the President in signing continuing resolutions
Executive Summary
The President has a decisive constitutional and practical role in continuing resolutions (CRs): after Congress passes a CR it must be presented to the President for signature or veto, and the President can also let it become law, veto it, or use a pocket veto under specific timing rules. This role is routine—signing keeps the government funded temporarily—but it is also a lever of political strategy and has driven high‑stakes showdowns and increased reliance on CRs since the 1970s [1] [2] [3].
1. What proponents and critics are actually saying about presidential power in the budget fight
Analyses consistently state that CRs are regular appropriations legislation that require presidential action to become law, so the President is directly involved in whether temporary funding takes effect [4] [5]. Supporters of executive involvement point to the constitutional requirement that every bill be presented to the President, which makes the President a necessary actor in averting a shutdown by signing a CR [1]. Critics highlight that the President’s signature normalizes reliance on temporary funding and thereby weakens Congress’s incentive to reach full appropriations agreements; analysts note a significant uptick in CR use since the 1970s tied to political gridlock, making the President’s routine signing an element of an entrenched budgeting pattern [2] [3]. Both perspectives agree the signature is consequential; they diverge on whether that consequence is stabilizing or distortive.
2. The constitutional mechanics that give the President a blocking or enabling role
Article I and the presentment clause set the mechanics: after both chambers pass a CR, it must be presented to the President, who then may sign, veto, or withhold signature; if Congress remains in session for ten days, a non‑signature yields law, while an adjournment within that period allows a pocket veto and kills the measure [1] [6]. This legal framework means the President is not merely ceremonial: the veto power can stop a CR and precipitate a shutdown unless Congress overrides the veto with two‑thirds majorities in both chambers. Historical examples and legal commentary in the analyses underscore that the President’s options are full and consequential, and that timing—Congressional session status during the ten‑day clock—can convert routine decisions into high‑stakes leverage [7] [1].
3. How practice looks: signing, vetoes, and political theater
Contemporary reporting and research show the President commonly signs CRs to keep government operations funded, but Presidents have also used vetoes as a political tool, most famously in budget standoffs such as the 1995 confrontations and more recent fiscal maneuvers tied to national security or supplemental funding [2] [8]. The analyses indicate Presidents across administrations have alternated between signing, negotiating caveats, and threatening vetoes to extract policy concessions or to score political points; the President’s signature often signals immediate continuity while signaling bargaining positions to Congress and the public. Practical patterns in FY2024 and other recent cycles show multiple CRs and minibus packages negotiated and signed, illustrating that presidential decisions on CRs are embedded in broader appropriations strategy, not isolated legal acts [3] [9].
4. Political consequences and the institutional incentives created by presidential choices
When a President routinely signs CRs, it reduces immediate disruption but also shifts bargaining dynamics: Congress can defer hard choices, knowing the President is likely to approve temporary funding, while the President gains repeated opportunities to frame funding priorities publicly or to attach policy riders during negotiations [5] [2]. Analysts highlight that the increased reliance on CRs since the 1970s has become both a symptom and a cause of legislative gridlock, empowering presidents to make repeated, high‑visibility decisions over stopgap funding rather than forcing timely, comprehensive appropriations. The available analyses underscore that this dynamic creates cyclical incentives: short‑term stability from presidential signatures but long‑term policy and governance costs from chronic temporary funding.
5. Where the analyses diverge, and important omissions to watch
The provided material is unanimous about the President’s constitutional authority but differs on emphasis: some sources stress the President’s routine administrative role—signing to avoid shutdowns—while others emphasize the President’s strategic use of vetoes to wield bargaining power [5] [7]. The analyses omit granular empirical measures of how often Presidents used vetoes specifically on CRs versus other appropriations, and they provide limited contemporaneous case studies beyond cited historical moments [3] [8]. Readers should note possible agendas: legal summaries aim to clarify formal powers [1], advocacy or budget‑watch groups frame CRs as fiscal policy failures [3], and news reports emphasize urgency and political conflict [8]; these vantage points shape what each analysis highlights or omits.
6. Bottom line: legal clarity, political leverage, practical cost
The legal picture is straightforward: the President must act on continuing resolutions after congressional passage and can sign, veto, or pocket veto depending on timing, making the President a determinative actor in whether stopgap funding becomes law [1] [6]. The political picture is more complex: signing a CR preserves operations but perpetuates a bargaining dynamic that many analysts say incentivizes short‑term fixes over durable budgeting, while vetoes or threats thereof can force immediate conflict and potential shutdowns [2] [3]. Policymakers and observers should therefore treat presidential actions on CRs as both constitutionally required and strategically consequential, with real operational and political costs depending on choices made.