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.
Thicker ink, fewer smudges, and more strained hands: an Object Lesson
Recently, Bic launched acampaign to “save handwriting.” Named “Fight for Your Write,” it includes a pledge to “encourage the act of handwriting” in the pledge-taker’s home and community, and emphasizes putting more of the company’s ballpoints into classrooms.
As a teacher, I couldn’t help but wonder how anyone could think there’s a shortage. I find ballpoint pens all over the place: on classroom floors, behind desks. Dozens of castaways collect in cups on every teacher’s desk. They’re so ubiquitous that the word “ballpoint” is rarely used; they’re just “pens.” But despite its popularity, the ballpoint pen is relatively new in the history of handwriting, and its influence on popular handwriting is more complicated than the Bic campaign would imply.
Even in big cities like Tokyo, small children take the subway and run errands by themselves. The reason has a lot to do with group dynamics.
It’s a common sight on Japanese mass transit: Children troop through train cars, singly or in small groups, looking for seats.
They wear knee socks, polished patent-leather shoes, and plaid jumpers, with wide-brimmed hats fastened under the chin and train passes pinned to their backpacks. The kids are as young as 6 or 7, on their way to and from school, and there is nary a guardian in sight.
A popular television show called Hajimete no Otsukai, or My First Errand, features children as young as two or three being sent out to do a task for their family. As they tentatively make their way to the greengrocer or bakery, their progress is secretly filmed by a camera crew. The show has been running for more than 25 years.
Most campaign ads, like most billboards or commercials, are unimaginative and formulaic. Our candidate is great! Their candidate is terrible! Choose us!
With the huge majority of political ads, you would look back on them long after the campaign only for time-warp curio purposes—Look at the clothes they wore in the 80s! Look how corny “I like Ike!” was as a slogan! Look how young [Mitch McConnell / Bill Clinton / Al Gore] once was!—or to find archeological samples of the political mood of a given era.
The few national-campaign ads that are remembered earn their place either because they were so effective in shifting the tone of the campaign, as with George H. W. Bush’s race-baiting “Willie Horton” ad against Michael Dukakis in 1988; or because they so clearly presented the candidate in the desired light, as with Ronald Reagan’s famous “Morning in America” ad in 1984. Perhaps the most effective campaign advertisement ever, especially considering that it was aired only one time, was Lyndon Johnson’s devastating “Daisy Girl” ad, from his campaign against Barry Goldwater in 1964. The power of the Daisy Girl ad was of course its dramatizing the warning that Goldwater might recklessly bring on a nuclear war.
Who will win the debates? Trump’s approach was an important part of his strength in the primaries. But will it work when he faces Clinton onstage?
The most famous story about modern presidential campaigning now has a quaint old-world tone. It’s about the showdown between Richard Nixon and John F. Kennedy in the first debate of their 1960 campaign, which was also the very first nationally televised general-election debate in the United States.
The story is that Kennedy looked great, which is true, and Nixon looked terrible, which is also true—and that this visual difference had an unexpected electoral effect. As Theodore H. White described it in his hugely influential book The Making of the President 1960, which has set the model for campaign coverage ever since, “sample surveys” after the debate found that people who had only heard Kennedy and Nixon talking, over the radio, thought that the debate had been a tie. But those who saw the two men on television were much more likely to think that Kennedy—handsome, tanned, non-sweaty, poised—had won.
The Texas senator’s about-face risks undermining his political brand and alienating the supporters who hailed his defiant stand in Cleveland.
Ted Cruz set aside his many differences with Donald Trump on Friday to endorse for president a man whom he once called a “serial philanderer,” a “pathological liar,” “utterly amoral,” and a “sniveling coward”; who insulted his wife’s looks; who insinuated Cruz’s father was involved in the assassination of John F. Kennedy; who said he wouldn’t even accept his endorsement; and who for months mocked him mercilessly with a schoolyard taunt, “Lyin’ Ted.”
The Texas senator announced his support for the Republican nominee late Friday afternoon in a Facebook post, writing that the possibility of a Hillary Clinton presidency was “wholly unacceptable” and that he was keeping his year-old commitment to back the party’s choice. Cruz listed six policy-focused reasons why he was backing Trump, beginning with the importance of appointing conservatives to the Supreme Court and citing Trump’s recently expanded list of potential nominees. Other reasons included Obamacare—which Trump has vowed to repeal—immigration, national security, and Trump’s newfound support for Cruz’s push against an Obama administration move to relinquish U.S. oversight of an internet master directory of web addresses.
Early photographs of the architecture and culture of Peking in the 1870s
In May of 1870, Thomas Child was hired by the Imperial Maritime Customs Service to be a gas engineer in Peking (Beijing). The 29-year-old Englishman left behind his wife and three children to become one of roughly 100 foreigners living in the late Qing dynasty's capital, taking his camera along with him. Over the course of the next 20 years, he took some 200 photographs, capturing the earliest comprehensive catalog of the customs, architecture, and people during China's last dynasty. On Thursday, an exhibition of his images will open at the Sidney Mishkin Gallery in New York, curated by Stacey Lambrow. In addition, descendants of the subjects of one of his most famous images, Bride and Bridegroom (1870s), will be in attendance.
In Greenwich, Darien, and New Canaan, Connecticut, bankers are earning astonishing amounts. Does that have anything to do with the poverty in Bridgeport, just a few exits away?
BRIDGEPORT, Conn.—Few places in the country illustrate the divide between the haves and the have-nots more than the county of Fairfield, Connecticut. Drive around the city of Bridgeport and, amid the tracts of middle-class homes, you’ll see burned-out houses, empty factories, and abandoned buildings that line the main street. Nearby, in the wealthier part of the county, there are towns of mansions with leafy grounds, swimming pools, and big iron gates.
Bridgeport, an old manufacturing town all but abandoned by industry, and Greenwich, a headquarters to hedge funds and billionaires, may be in the same county, and a few exits apart from each other on I-95, but their residents live in different worlds. The average income of the top 1 percent of people in the Bridgeport-Stamford-Norwalk metropolitan area, which consists of all of Fairfield County plus a few towns in neighboring New Haven County, is $6 million dollars—73 times the average of the bottom 99 percent—according to a report released by the Economic Policy Institute (EPI) in June. This makes the area one of the most unequal in the country; nationally, the top 1 percent makes 25 times more than the average of the bottom 99 percent.
How Washington men working in national security dress—for better or for worse
In 2017, shortly after the next president is inaugurated, thousands of newly appointed federal officials will struggle with the same existential question: What do I wear to my first day of work? I understand their anxiety, having languished over wardrobe during eight years of federal service and pondered the fashion choices of my male colleagues during the interminable meetings that are the hallmark of government work. It’s hard to point to a solid “real world” professional competency that I learned during those years of meetings and memo writing, but one skill I developed is an uncanny ability to tell you where any man in the national security community works based on his apparel. But first, to understand the fashion choices these professionals make, you must understand the culture—and keep in mind that not every employee falls into these stereotyped camps. (I’m also leaving a thorough assessment of female fashion to other writers more qualified.)
As the Kurds prepare to help take back Mosul from ISIS, their commanders await political negotiations with Iraqi leaders they do not trust for a future they cannot predict.
ERBIL, IRAQ—When Kurdish peshmerga, Iraqi army, and U.S.-led coalition forces move to liberate nearby Mosul, possibly within two weeks, Islamic State fighters will not abandon their prized city and quietly slink away as many in Washington have predicted, according to the peshmerga’s top military officer.
“They will fight to the death,” said Gen. Jamal Mohammad Omer, Kurdish military chief of staff, in an exclusive interview in his office Thursday.
Just when that fight will begin, however, seems out of his hands. Peshmerga commanders said they are awaiting political negotiations with Iraqi leaders they do not trust for a future they cannot predict. But the future is on everyone’s mind. With the battle for Mosul looming, peshmerga leaders sense they are now on a path that leads beyond the defeat of ISIS, if not yet to the ultimate destination of Kurdish independence.
No matter what happens in November, the sickness may be terminal.
In less than two months, the American experiment in constitutional self-government may hit the wall of history. Even if the disaster of a Trump presidency is averted, this fall’s presidential campaign suggests that the United States Constitution is gravely, perhaps terminally, ill.
Trumpism is the symptom, not the cause, of the malaise. I think we have for some time been living in the post-Constitution era. America’s fundamental law remains and will remain important as a source of litigation. But the nation seems to have turned away from a search of values in the Constitution, regarding it instead as a set of annoying rules.
A Trump victory would render the Constitution as toothless as the Statuto Albertino of 1848 after Mussolini’s March on Rome. That’s not because Trump proposes violating this or that provision; it is because, to him and his followers, the Constitution is simply nonexistent.