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.
Einstein’s gravitational waves rest on a genuinely radical idea.
After decades of anticipation, we have directly detected gravitational waves—ripples in spacetime traveling at the speed of light through the universe. Scientists at LIGO (the Laser Interferometic Gravitational-wave Observatory) have announced that they have measured waves coming from the inspiral of two massive black holes, providing a spectacular confirmation of Albert Einstein’s general theory of relativity, whose hundredth anniversary was celebrated just last year.
Finding gravitational waves indicates that Einstein was (once again) right, and opens a new window onto energetic events occurring around the universe. But there’s a deeper lesson, as well: a reminder of the central importance of locality, an idea that underlies much of modern physics.
Today’s empires are born on the web, and exert tremendous power in the material world.
Mark Zuckerberg hasn’t had the best week.
First, Facebook’s Free Basics platform was effectively banned in India. Then, a high-profile member of Facebook’s board of directors, the venture capitalist Marc Andreessen, sounded off about the decision to his nearly half-a-million Twitter followers with a stunning comment.
“Anti-colonialism has been economically catastrophic for the Indian people for decades,” Andreessen wrote. “Why stop now?”
After that, the Internet went nuts.
Andreessen deleted his tweet, apologized, and underscored that he is “100 percent opposed to colonialism” and “100 percent in favor of independence and freedom.” Zuckerberg, Facebook’s CEO, followed up with his own Facebook post to say Andreessen’s comment was “deeply upsetting” to him, and not representative of the way he thinks “at all.”
Ben Stiller’s follow-up to his own comedy classic is a downright bummer, no matter how many celebrity cameos it tries to cram in.
You don’t need to go to the theater to get the full experience of Zoolander 2. Simply get your hands on a copy of the original, watch it, and then yell a bunch of unfunny topical lines every time somebody tells a joke. That’s how it feels to watch Ben Stiller’s sequel to his 2001 spoof of the fashion industry: Zoolander 2 takes pains to reference every successful gag you remember from the original, and then embellish them in painful—often offensive, almost always outdated—fashion. It’s a film that has no real reason to exist, and it spends its entire running time reaffirming that fact.
The original Zoolander, to be fair, had no business being as funny as it was—it made fun of an industry that already seems to exist in a constant state of self-parody, and much of its humor relied on simple malapropisms and sight gags. But it was hilarious anyway as a candid snapshot of the fizzling-out of ’90s culture. Like almost any zeitgeist comedy, it belonged to a particular moment—and boy, should it have stayed there. With Zoolander 2, Stiller (who directed, co-wrote, and stars) tries to recapture the magic of 2001 by referencing its past glories with increasing desperation, perhaps to avoid the fact that he has nothing new to say about the fashion industry or celebrity culture 15 years laters.
Most people know how to help someone with a cut or a scrape. But what about a panic attack?
Here’s a thought experiment: You’re walking down the street with a friend when your companion falls and gashes her leg on the concrete. It’s bleeding; she’s in pain. It’s clear she’s going to need stitches. What do you do?
This one isn’t exactly a head-scratcher. You'd probably attempt to offer some sort of first-aid assistance until the bleeding stopped, or until she could get to medical help. Maybe you happen to have a Band-Aid on you, or a tissue to help her clean the wound, or a water bottle she can use to rinse it off. Maybe you pick her up and help her hobble towards transportation, or take her where she needs to go.
Here’s a harder one: What if, instead of an injured leg, that same friend has a panic attack?
The bureau successfully played the long game in both cases.
The story of law enforcement in the Oregon standoff is one of patience.
On the most obvious level, that was reflected in the 41 days that armed militia members occupied the Malheur National Wildlife Refuge near Burns. It took 25 days before the FBI and state police moved to arrest several leaders of the occupation and to barricade the refuge. It took another 15 days before the last of the final occupiers walked out, Thursday morning Oregon time.
Each of those cases involved patience as well: Officers massed on Highway 395 didn’t shoot LaVoy Finicum when he tried to ram past a barricade, nearly striking an FBI agent, though when he reached for a gun in his pocket they finally fired. Meanwhile, despite increasingly hysterical behavior from David Fry, the final occupier, officers waited him out until he emerged peacefully.
By mining electronic medical records, scientists show the lasting legacy of prehistoric sex on modern humans’ health.
Modern humans originated in Africa, and started spreading around the world about 60,000 years ago. As they entered Asia and Europe, they encountered other groups of ancient humans that had already settled in these regions, such as Neanderthals. And sometimes, when these groups met, they had sex.
We know about these prehistoric liaisons because they left permanent marks on our genome. Even though Neanderthals are now extinct, every living person outside of Africa can trace between 1 and 5 percent of our DNA back to them. (I am 2.6 percent Neanderthal, if you were wondering, which pales in comparison to my colleague James Fallows at 5 percent.)
This lasting legacy was revealed in 2010 when the complete Neanderthal genome was published. Since then, researchers have been trying to figure out what, if anything, the Neanderthal sequences are doing in our own genome. Are they just passive hitchhikers, or did they bestow important adaptations on early humans? And are they affecting the health of modern ones?
Jim Gilmore joins Chris Christie and Carly Fiorina, and leaves the race after a poor showing in New Hampshire.
Jim Gilmore’s candidacy this year was improbable—but even more improbable was the minor cult of personality that developed around it.
The former Virginia governor never had a chance. Not, like, in the sense of Lindsey Graham, a candidate with national standing but no path to the presidency. More in the George Pataki sense: a guy who had no real business in race, but was running anyway. Except that Gilmore made Pataki look like a juggernaut. Also, Pataki saw the writing on the wall and had the sense to drop out in late December. Gilmore soldiered on, and ended up as the last of the truly longshots to leave.
The result was that Gilmore turned into a sort of folk hero. Not for voters, mind you—he managed only 12 votes in Iowa and 125 in New Hampshire, and his campaign was funded largely by loans from himself. Because of his low support in the polls, Gilmore only made the cut for the very first kid’s-table debate in August, and then again for the undercard in late January. Other than that, he was shut out completely.
A robotic road safety worker in India, a sacrificial llama in Bolivia, a sea otter receives a valentine, a deadly earthquake in Taiwan, a leopard attack in India, and much more.
A murmuration of starlings over Israel, a robotic road safety worker in India, a sacrificial llama in Bolivia, border barriers between Tunisia and Libya, a sea otter receives a valentine, a deadly earthquake in Taiwan, the annual Shrovetide football match in England, a leopard attack in India, and much more.
How teachers and parents can identify and cultivate children who think creatively and unconventionally
In his new book, Originals: How Non-Conformists Move the World, the writer, Wharton professor, and erstwhile magician Adam Grant explores the circumstances that give rise to truly original thinkers. Through stories of business “originals” such as the Bridgewater Associates founder Ray Dalio, and the Warby Parker co-founder Neil Blumenthal, he explains how unorthodox thinking can result in unprecedented success or—if shaped by groupthink or myopic vision—miserable failure.
Grant is a gifted educator himself, and, as Wharton’s top rated teacher for the past four years, knows a little something about identifying and cultivating original thinking in his students. I asked Grant about the role teachers play in educating original children, and how teachers and parents alike can protect what’s special in these original children—traits that have the potential to disrupt lesson plans today, but, if nurtured and protected, may just change the world tomorrow. Below is a lightly edited and condensed version of our conversation.
When four American women were murdered during El Salvador’s dirty war, a young U.S. official and his unlikely partner risked their lives to solve the case.
On December 1, 1980, two American Catholic churchwomen—an Ursuline nun and a lay missionary—sat down to dinner with Robert White, the U.S. ambassador to El Salvador. They worked in rural areas ministering to El Salvador’s desperately impoverished peasants, and White admired their commitment and courage. The talk turned to the government’s brutal tactics for fighting the country’s left-wing guerrillas, in a dirty war waged by death squads that dumped bodies in the streets and an army that massacred civilians. The women were alarmed by the incoming Reagan administration’s plans for a closer relationship with the military-led government. Because of a curfew, the women spent the night at the ambassador’s residence. The next day, after breakfast with the ambassador’s wife, they drove to San Salvador’s international airport to pick up two colleagues who were flying back from a conference in Nicaragua. Within hours, all four women would be dead.