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.
White House Press Secretary Sean Spicer’s assertion that the National Mall was "full when the president took the Oath of Office" is demonstrably false.
On January 21, White House Press Secretary Sean Spicer issued a statement criticizing journalists for their coverage of President Trump's inauguration. Some media outlets, Spicer claimed, were using photographs of the event in misleading and deceptive ways. To back this claim up, Spicer made a number of assertions that turned out to be false. He offered incorrect D.C. Metro-ridership numbers, and said that white ground coverings had never been used on the Mall during Inauguration before, when they had been employed in 2013. Two days later, during his first press conference, Spicer blamed the bad Metro numbers on an "outside agency" and stated that his claim about the "largest audience to ever witness an inauguration, period," was meant to include all viewership, in person and online, rather than referring to the in-person crowd specifically.
The technology has been used to create sped-up videos that falsely depict a response to stimulus.
One of the first measures that Republicans in the 115th Congress proposed was the “Heartbeat Protection Act.” On January 11, a group led by Steve King of Iowa introduced a bill that would require doctors nationwide to “check for a fetal heartbeat” before performing an abortion, and prohibit them from completing the procedure if they found one. In December, Republicans in the Ohio state legislature put forth a similar measure. Governor John Kasich vetoed it, observing that such a law would almost certainly be struck down as unconstitutional, but approved a 20-week abortion ban.
Opponents of the heartbeat bills have pointed out that they would eliminate abortion rights almost entirely—making the procedure illegal around four weeks after fertilization, before many women realize that they are pregnant. These measures raise even more elementary questions: What is a fetal heartbeat? And why does it matter?
Overshadowed by headlines about chaos and infighting, the new administration is notching a string of early victories.
From some angles, the Trump presidency is off to a rocky start. There were the somewhat disappointing crowds at the inauguration, and then the needless lies about them, presented as “alternative facts.” There’s the controversy over Trump’s remarks to the CIA, and precisely who in the crowd cheered his visit. On Monday, the president repeated a dumb and unnecessary lie about illegal ballots having cost him the popular vote during a meeting with members of Congress. The Washington Post reports in detail on White House infighting and an attempted reboot—just four days into the administration. ABC’s The Notefrowns, “He can’t help himself, and he isn’t helping himself.”
But what if the Trump presidency is actually off to a surprisingly effective start? For months, Trump has shown a perverse ability to overshadow his own message with chaos and disorder, and the first five days of his administration fit right into that pattern.
The president repeated his belief that the U.S. should have taken Iraq’s oil, ominously adding that the CIA may “have another chance.”
Every American, regardless of who they voted for in the election, should be furious with President Donald Trump for what he told the CIA during a recent meeting at its headquarters. I do not mean his digressions about the size of the crowd at his inauguration and the number of times he has appeared on the cover of Time magazine, although it does not inspire confidence to see the president waste fleeting time with national-security employees on his vanity rather than our security.
It’s his comments on Iraq that ought to make Americans apoplectic, for in the space of seconds, Trump managed to utter words that are 1) morally repugnant, 2) certain to be exploited as a recruiting tool by America’s terrorist enemies, and 3) likely to help foreign adversaries diminish America’s reputation and power. For the sake of an indisciplined, self-indulgent riff, Trump made Americans less safe.
As the party struggles to agree on a replacement, a group of GOP senators unveil a bill that would give states the option to keep it.
The vast majority of Republicans in Congress haven’t budged from their longstanding vow to completely repeal the Affordable Care Act. But as the party struggles to write a replacement, a few GOP lawmakers are declaring their support for keeping the law on the books in some form indefinitely.
A group of senators on Monday unveiled legislation that would give states the option of preserving Obamacare, securing federal support for a more conservative health-insurance system, or opting out of any assistance from Washington. Offered as a middle ground in the partisan health-care fight, the proposal breaks with years of Republican orthodoxy on the 2010 law, which party leaders have pledged to rip out “root and branch.”
The White House hasn’t released the executive order yet. Here’s some of the text that the president signed.
On Tuesday afternoon, President Donald Trump signed a memorandum ordering the Secretary of the Army to expedite approval of the Dakota Access Pipeline, a 1,100-mile pipeline linking the North Dakota oil fields to a river terminal in Illinois. The U.S. Army Corps of Engineers denied final approval to the project late last year, after months of protests from the local Standing Rock Sioux tribe and from Native people nationwide.
The text of Trump’s executive memorandum has yet to be made public, which has made reporting on his actual order difficult. The only version available right now is what is visible in an image from an Associated Press photographer. That version is missing at least a page, and some words are so blurry as to be non-parseable. While I fully expect that the White House will soon release the full text of the memo, there is great interest in its contents right now, so I’ve transcribed the visible text and posted it below for curious readers.
For people sick of high deductibles, Republicans offer high-deductible plans as replacements for Obamacare.
Obamacare’s days are numbered. That was the message of the executive order President Donald Trump signed Friday, instructing government agencies to “minimize the unwarranted economic and regulatory burdens of the [Affordable Care Act].”
When I spoke with a handful of Trump supporters after the inauguration Friday, they said they eagerly awaited Obamacare’s end. Tanya, a woman from Virginia who was rolling a walker down I Street to the inaugural parade, said she was struggling with her $6,750 deductible. “As a business person who is self-employed, it’s killing me,” she said.
Nearby, Marlita Gogan, from Houston, said she just wants Trump to “do what he says”—repeal and replace Obamacare. Her daughter’s insurance premium has risen from $250 to $375, with a $5,000 deductible. “It’s too much,” she said. “You can’t even use it.”
The president declared his own inauguration a national holiday. But the language he used says something more.
You could be forgiven for forgetting the National Day of Patriotic Devotion—technically, it happened before it was ever declared. Donald Trump established it with a stroke of a pen sometime after his inauguration; the official proclamation appeared Monday in the Federal Register.
That bit isn’t all that unusual. Presidents christen National Days Of Things all the time. President Barack Obama, for example, proclaimed the day of his own inauguration in 2009 a “National Day of Renewal and Reconciliation,” calling “upon all of our citizens to serve one another and the common purpose of remaking this Nation for our new century.” He annually declared September 11 to be “Patriot Day.” But “Patriotic Devotion” strikes a different note—flowery, vaguely compulsory.
A No. 1 bestseller by a respected physician argues that gluten and carbohydrates are at the root of Alzheimer's disease, anxiety, depression, and ADHD. What to make of the controversial theory?
“If you could make just three simple changes in your life to prevent, or even reverse, memory loss and other brain disorders, wouldn’t you?”
So asks Dr. David Perlmutter, in promotion of his PBS special Brain Change, coming soon to your regional affiliate. Three changes. Simple ones. Wouldn’t you?
The 90-minute special is a companion to Perlmutter’s blockbuster book on how gluten and carbs are destroying our brains. In November it became a New York Times number one bestseller. Since its September release, as Perlmutter told me, “It’s never not been on the bestseller list, frankly.”
“Is it still number one?” I asked. A pause over the phone as he checked. In modern interview style, we were both also on our computers.