Some Democrats want the president to raise it by himself. But the 14th amendment offers him a much better strategy.
As the country nears the fiscal cliff, it's deja vu all over again. Republicans are now asserting that they will refuse to raise the debt ceiling if they don't get their way in the negotiations. In response, some Democrats want President Obama to invoke the 14th Amendment and raise the debt ceiling unilaterally. What they don't understand is that doing so is not only legally dicey, it is also completely unnecessary for Obama to prevail. Obama's correct--and constitutional--response to Republican intransigence is the same as Bill Clinton's before him: a replay of the 1995 government shutdown. If Republicans force that confrontation, they will lose, just as they did before.
Republicans are in a pretty poor bargaining position in the fiscal cliff negotiations. They know that if President Obama simply does nothing, the Bush tax cuts will expire on January 1st and defense spending will be cut. At that point Obama can propose lowering taxes for the middle class--but not the rich--and raising defense spending as part of new grand bargain on taxes and spending. The Republicans will be hard pressed to say no. After all, if they refuse to play ball, all they will get is higher taxes and cuts to defense. That's not winning.
As a result, House Speaker John Boehner has tried to return to the same strategy he used in the summer of 2011. He wants to tie the debate over taxes and spending to an increase in the debt ceiling. It's important to understand that raising the debt ceiling does not increase spending by itself. It merely allows the Treasury to issue new government bonds to pay for monies that Congress has already appropriated by law. Essentially, refusing to raise the debt ceiling after you've already appropriated expenditures is like telling your creditors that you won't pay debts you've already contracted because you have conveniently decided to run out of money.
The government is on course to reach the current cap on the debt ceiling of approximately 16.4 trillion dollars in February or March of 2013. The Republicans' threat is the same as they made in 2011. Unless President Obama agrees to spending cuts and tax policies the Republicans like, they will refuse to raise the debt ceiling and the United States will go into default.
In response, President Obama has made two statements. First, he has made clear that he will refuse to bargain over the debt ceiling with Republicans. (After all, until 2011, the debt ceiling was raised regularly and without much controversy in both Democratic and Republican administrations.) Second, Obama's press secretary, Jay Carney, has explained that the president believes he does not have the authority to increase the debt limit and issue new bonds unilaterally.
Some Democrats are concerned: they believe that the president should threaten to raise the debt ceiling and that he has thrown away his most effective weapon in the confrontation.
They are wrong.
Section 4 of the Fourteenth Amendment provides that "the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned." Its purpose was to prevent Southern Congressmen and Senators from trying to hold payment of the nation's debts hostage in order to get their way on Reconstruction policies. The point of Section 4 was to put this sort of hostage-taking beyond ordinary politics. The framers of the 14th amendment did not want future politicians to threaten to destroy the country's finances by refusing to pay the country's debts in order to win political concessions from their opponents. After all, once politicians did so successfully, they would try it over and over again and it would become a normal feature of politics. That is precisely what we are seeing now.
If Congressional Republicans are threatening to let the nation to default on its debts if Obama doesn't agree to their demands, they are violating the Constitution. And the president should call them out for such an outrageous demand. But does that mean that the president can raise the debt ceiling himself to remedy the violation?
Not so fast. Article I, section 8 of the Constitution gives Congress, not the president, the authority to borrow on the credit of the United States. Even so, under section 4 of the Fourteenth Amendment the president has an independent constitutional obligation not to allow the validity of the debt of the United States to be put into question. That means, at the very least, that the president must make sure that interest payments continue on existing federal bonds and similar obligations. He must assure bondholders that they will continue to get paid even after the debt ceiling is reached.
If the president follows his constitutional obligations, then some government operations will not get funded because payments to the bondholders must come first. That means a partial government shutdown, with more and more of the government closed as the president continues to pay the bondholders.
We've seen this movie before. Once government offices close and government checks aren't issued, the public will complain loudly, the markets will tumble, and Congress will eventually have to give in, just as it did in the winter of 1995. The public will rightly conclude that Congress is to blame, because it was Congress, and not the president, who tried to hold the nation's economy hostage.
The president's obligation to pay the bondholders first-- and not the power to ignore the debt ceiling--is how the Fourteenth Amendment helps the president resolve any debt ceiling crisis. All he has to do is follow the Constitution and he will come out on top. He doesn't have to raise the debt limit at all. Instead, he must calmly explain to Republicans in advance what he will do -- and not do -- if they remain intransigent. He must explain to them that their course of action will inevitably lead to a government shutdown, and that the shutdown -- and its associated costs to the country -- will be on their heads.
In fact, if Obama did announce that he would ignore the debt ceiling -- as some Democrats would like -- he would actually take the pressure off Congressional Republicans. Then they would have an incentive to refuse to raise the debt ceiling, let Obama take the political heat for issuing new bonds, and then attack Obama's decision in the courts. They might even use his action as an excuse to try to impeach him.
To be sure, if the crisis continues long enough that the markets have completely melted down and there is not enough money even to pay the bondholders, the president might have a constitutional obligation to issue new debt to satisfy the Fourteenth Amendment. But by then the world economy would be in a complete shambles; it is far more likely that Congress would raise the debt ceiling well before that point.
The moral of the story is simple: The best way for Obama to head off Republican threats of another debt ceiling crisis is to make his position clear at the outset. First, he should explain that he won't bargain with hostage takers. Second, he should make clear that he won't let Congress off the hook by raising the debt ceiling himself. Obama has now made both of these statements publicly. Third, he should state clearly that if Congress does not raise the debt ceiling he will continue to pay all of the nation's debts as required by the Constitution. Fourth, he should make clear that he will continue to do so even if this means curtailing or shutting down government functions until Congress comes to its senses.
If Obama does all these things, he will be in the strongest possible bargaining position. And he will also be following the Constitution.
The Democratic insurgent’s campaign is losing steam—but his supporters are not ready to give up.
SANTA MONICA, Calif.—This is how a revolution ends: its idealism tested, its optimism drained, its hope turned to bitterness.
But if Bernie Sanders’s revolution has run aground in California, which will be one of the last states to vote in the Democratic primary on June 7, he was not about to admit it here, where thousands gathered on a sun-drenched high-school football field of bright green turf.
“We are going to win here in California!” Sanders said, to defiant cheers. In the audience, a man waved a sign that says, “Oh HILL no!”
This is Sanders’s last stand, according to the official narrative of the corrupt corporate media, and if there is anything we have learned in the past year, it is the awesome power of the official narrative—the self-reinforcing drumbeat that dictates everything.
A rock structure, built deep underground, is one of the earliest hominin constructions ever found.
In February 1990, thanks to a 15-year-old boy named Bruno Kowalsczewski, footsteps echoed through the chambers of Bruniquel Cave for the first time in tens of thousands of years.
The cave sits in France’s scenic Aveyron Valley, but its entrance had long been sealed by an ancient rockslide. Kowalsczewski’s father had detected faint wisps of air emerging from the scree, and the boy spent three years clearing away the rubble. He eventually dug out a tight, thirty-meter-long passage that the thinnest members of the local caving club could squeeze through. They found themselves in a large, roomy corridor. There were animal bones and signs of bear activity, but nothing recent. The floor was pockmarked with pools of water. The walls were punctuated by stalactites (the ones that hang down) and stalagmites (the ones that stick up).
A year after Obama saluted the families for their spirit of forgiveness, his administration seeks the death penalty for the Charleston shooter.
On Tuesday, Attorney General Loretta Lynch announced she would seek the death penalty for Dylann Roof. It has not been a year since Roof walked into Emmanuel African Methodist Episcopal church and murdered nine black people as they worshipped. Roof justified this act of terrorism in chillingly familiar language—“You rape our women and you’re taking over our country.” The public display of forgiveness offered to Roof by the families of the victims elicited bipartisan praise from across the country. The president saluted the families for “an expression of faith that is unimaginable but that reflects the goodness of the American people.” How strange it is to see that same administration, and these good people, who once saluted the forgiveness of Roof, presently endorse his killing.
Nicholas and Erika Christakis stepped down from their positions in residential life months after student activists called for their dismissal over a Halloween kerfuffle.
Last fall, student protesters at Yale University demanded that Professor Nicholas Christakis, an academic star who has successfully mentored Ivy League undergraduates for years, step down from his position as faculty-in-residence at Silliman College, along with his wife, Erika Christakis, who shared in the job’s duties.
The protesters had taken offense at an email sent by Erika Christakis.
Dogged by the controversy for months, the couple finally resigned their posts Wednesday. Because the student protests against them were prompted by intellectual speech bearing directly on Erika Christakis’s area of academic expertise, the outcome will prompt other educators at Yale to reflect on their own positions and what they might do or say to trigger or avoid calls for their own resignations. If they feel less inclined toward intellectual engagement at Yale, I wouldn’t blame them.
A gay-rights amendment takes down a House appropriations bill, and with it might go the speaker’s grand plan to revive the congressional spending process.
The state-by-state fight for gay and transgender rights has reached the floor of the House of Representatives, and it is ruining Speaker Paul Ryan’s carefully-laid plans for reviving the congressional spending process.
Republicans and Democrats voted down an annual bill appropriating funds for energy and water programs on Thursday morning after Democrats succeeded in attaching an amendment to bar federal contractors from discriminating on the basis of sexual orientation or gender identity. The provision drew bipartisan support only days after GOP leaders scrambled to defeat a similar amendment that Democrats tried to add to another appropriations bill—an embarrassing moment in which rank-and-file were cajoled into flipping their votes so the measure would fail. The attempt succeeded this time, but it became moot hours later when the underlying $37.4 billion measure went down in a landslide on a vote of 305-112, with majorities of both parties voting against it. The meltdown happened so quickly that it appeared to catch the House Appropriations Committee, which wrote the bill, off guard. The committee sent out a statement from Chair Hal Rogers with a headline heralding its passage just minutes before it was voted down; it was quickly rescinded.
Narcissism, disagreeableness, grandiosity—a psychologist investigates how Trump’s extraordinary personality might shape his possible presidency.
In 2006, Donald Trump made plans to purchase the Menie Estate, near Aberdeen, Scotland, aiming to convert the dunes and grassland into a luxury golf resort. He and the estate’s owner, Tom Griffin, sat down to discuss the transaction at the Cock & Bull restaurant. Griffin recalls that Trump was a hard-nosed negotiator, reluctant to give in on even the tiniest details. But, as Michael D’Antonio writes in his recent biography of Trump, Never Enough, Griffin’s most vivid recollection of the evening pertains to the theatrics. It was as if the golden-haired guest sitting across the table were an actor playing a part on the London stage.
“It was Donald Trump playing Donald Trump,” Griffin observed. There was something unreal about it.
The latest entry in the long-running comic-book franchise shows how much it’s been outstripped by its superhero-movie rivals.
One of the few memorable moments in X-Men: Apocalypse, the latest, gaudiest, and certainly laziest entry in the long-running franchise, is centered around its best character, Magneto. Often a villain, sometimes a grudging hero, Magneto has literally been through wars, surviving the Holocaust as a child, suffering persecution for his mutant powers, and even weathering a change in the actor portraying him (from Ian McKellen to Michael Fassbender). Apocalypse brings him back to Auschwitz to have him tear it apart in fury, turning the most solemn site of human suffering imaginable into yet another CGI miasma. Amid the tonal confusion, the only thing left to really admire about the sequence is its chutzpah.
Washington voters handed Hillary Clinton a primary win, symbolically reversing the result of the state caucus where Bernie Sanders prevailed.
Washington voters delivered a bit of bad news for Bernie Sanders’s political revolution on Tuesday. Hillary Clinton won the state’s Democratic primary, symbolically reversing the outcome of the state’s Democratic caucus in March where Sanders prevailed as the victor. The primary result won’t count for much since delegates have already been awarded based on the caucus. (Sanders won 74 delegates, while Clinton won only 27.) But Clinton’s victory nevertheless puts Sanders in an awkward position.
Sanders has styled himself as a populist candidate intent on giving a voice to voters in a political system in which, as he describes it, party elites and wealthy special-interest groups exert too much control. As the primary election nears its end, Sanders has railed against Democratic leaders for unfairly intervening in the process, a claim he made in the aftermath of the contentious Nevada Democratic convention earlier this month. He has also criticized superdelegates—elected officials and party leaders who can support whichever candidate they chose—for effectively coronating Clinton.
In recent years, the idea that educators should be teaching kids qualities like grit and self-control has caught on. Successful strategies, though, are hard to come by.
In 2013, for the first time, a majority of public-school students in this country—51 percent, to be precise—fell below the federal government’s low-income cutoff, meaning they were eligible for a free or subsidized school lunch. It was a powerful symbolic moment—an inescapable reminder that the challenge of teaching low-income children has become the central issue in American education.
The truth, as many American teachers know firsthand, is that low-income children can be harder to educate than children from more-comfortable backgrounds. Educators often struggle to motivate them, to calm them down, to connect with them. This doesn’t mean they’re impossible to teach, of course; plenty of kids who grow up in poverty are thriving in the classroom. But two decades of national attention have done little or nothing to close the achievement gap between poor students and their better-off peers.
It’s hard to say sorry. Especially when you’re doing it for a whole country.
When Barack Obama goes to Hiroshima on May 27, becoming the first sitting U.S. president to visit the site of the world’s first nuclear attack, he will not apologize on behalf of his country for carrying out that strike 71 years ago. He will neither question the decision to drop bombs on two Japanese cities, nor dwell on its results: the deaths of more than 200,000 people and the dawn of the atomic age. But he will affirm America’s “moral responsibility,” as the only nation to have used nuclear weapons, to prevent their future use. He will recognize the painful past, but he won’t revisit it. When it’s all over, we still won’t know whether or not he thinks there’s something about the atomic bombings to be sorry for.