Despite the shutdown, the government is still operating. Here's how
Federal spending is governed by the Constitution, federal law, Justice Department legal opinions, and planning memoranda issued by the White House Office of Management and Budget (OMB).
Article I of the Constitution says that the Treasury Department can’t spend money unless it has been appropriated by Congress. The federal Antideficiency Act (ADA) makes it illegal for federal officials to spend money in excess of congressional appropriations and prohibits the government from accepting voluntary services.
However, the ADA also contains an exception that allows funds to be spent “for emergencies involving the safety of human life or the protection of property.”
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