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.
Hillary Clinton and Donald Trump prepare for the final sprint to Election Day.
It’s Friday, October 28—the election is now less than two weeks away. Hillary Clinton holds a lead against Donald Trump, according to RealClearPolitics’ polling average. We’ll bring you the latest updates from the trail as events unfold. Also see our continuing coverage:
I generally enjoy milk chocolate, for basic reasons of flavor and texture. For roughly the same reasons, I generally do not enjoy dark chocolate. *
Those are just my boring preferences, but preferences, really, won’t do: This is an age in which even the simplest element of taste will become a matter of partisanship and identity and social-Darwinian hierarchy; in which all things must be argued and then ranked; in which even the word “basic” has come to suggest searing moral judgment. So IPAs are not just extra-hoppy beers, but also declarations of masculinity and “palatal machismo.” The colors you see in the dress are not the result of light playing upon the human eye, but rather of deep epistemological divides among the world’s many eye-owners. Cake versus pie, boxers versus briefs, Democrat versus Republican, pea guac versus actual guac, are hot dogs sandwiches … It is the best of times, it is the RAGING DUMPSTER FIRE of times.
Doug Band helped everyone get rich in the post-presidential empire, but his re-emergence in the WikiLeaks hack is another headache for Hillary.
Who is Doug Band, and what did he do for Bill Clinton?
A little bit of everything, it turns out.
He helped launch the Clinton Foundation, came up with the idea for the Clinton Global Initiative, brokered deals for paid speeches that enriched Clinton, and then started a private consulting firm called Teneo that made the Foundation, Bill Clinton, and Band himself even wealthier.
All of that became clear in the latest batch of hacked emails released by WikiLeaks, which include messages from Band and a 12-page memo that he wrote both explaining and defending his and his company’s work on Clinton’s behalf. For Hillary Clinton’s campaign, the publication of the Band memo is yet another WikiLeaks-induced headache, as it provides even more detail into the unsavory-if-not-illegal intersection of interests at the heart of her family’s philanthropic work.
Even as the Republican launches a purported African American outreach campaign 12 days before the election, his aides say their goal is to depress turnout in the bloc.
It would be unfair to call Donald Trump’s interaction with black voters a love-hate relationship, since there’s little evidence of African American enthusiasm for Trump. But the Republican campaign has pursued a Janus-like strategy on black voters—ostensibly courting them in public while privately seeking to depress turnout.
This tension is on display in the last 24 hours. On Wednesday, Trump delivered a speech in Charlotte, North Carolina, advertised as an “urban renewal agenda for America’s inner cities.” Trump told the audience, “It is my highest and greatest hope that the Republican Party can be the home in the future and forevermore for African Americans and the African American vote because I will produce, and I will get others to produce, and we know for a fact it doesn’t work with the Democrats and it certainly doesn’t work with Hillary.”
Services like Tinder and Hinge are no longer shiny new toys, and some users are starting to find them more frustrating than fun.
“Apocalypse” seems like a bit much. I thought that last fall when Vanity Fair titled Nancy Jo Sales’s article on dating apps “Tinder and the Dawn of the ‘Dating Apocalypse’” and I thought it again this month when Hinge, another dating app, advertised its relaunch with a site called “thedatingapocalypse.com,” borrowing the phrase from Sales’s article, which apparently caused the company shame and was partially responsible for their effort to become, as they put it, a “relationship app.”
Despite the difficulties of modern dating, if there is an imminent apocalypse, I believe it will be spurred by something else. I don’t believe technology has distracted us from real human connection. I don’t believe hookup culture has infected our brains and turned us into soulless sex-hungry swipe monsters. And yet. It doesn’t do to pretend that dating in the app era hasn’t changed.
Political, social, and demographic forces in the battleground of North Carolina promise a reckoning with its Jim Crow past.
In 1901, America was ascendant. Its victory over Spain, the reunification of North and South, and the closing of the frontier announced the American century. Americans awaited the inauguration of the 57th Congress, the first elected in the 20th century. All the incoming members of Congress, like those they replaced, were white men, save one.
Representative George Henry White did not climb the steps of Capitol Hill on the morning of January 29 to share in triumph. The last black congressman elected before the era of Jim Crow, White, a Republican, took the House floor in defeat. He had lost his North Carolina home district after a state constitutional amendment disenfranchised black voters—most of his constituents. That law marked the end of black political power in North Carolina for nearly a century.
A century ago, widely circulated images and cartoons helped drive the debate about whether women should have the right to vote.
It seems almost farcical that the 2016 presidential campaign has become a referendum on misogyny at a moment when the United States is poised to elect its first woman president.
Not that this is surprising, exactly.
There’s a long tradition of politics clashing spectacularly with perceived gender norms around election time, and the stakes often seem highest when women are about to make history.
Today’s political dialogue—which often merely consists of opposing sides shouting over one another—echoes another contentious era in American politics, when women fought for the right to vote. Then and now, a mix of political tension and new-fangled publishing technology produced an environment ripe for creating and distributing political imagery. The meme-ification of women’s roles in society—in civic life and at home—has been central to an advocacy tradition that far precedes slogans like, “Life’s a bitch, don’t elect one,” or “A woman’s place is in the White House.”
The best treatment for obsessive-compulsive disorder forces sufferers to confront their fears. But for many patients, the treatment is far out of reach.
Some days, Molly C.’s brain insists she can’t wear her work shirt. She realizes this is irrational; a uniform is required for her job at a hardware store. Nevertheless, she’s addled by an eerie feeling—like, “If you wear this shirt, something bad will happen today.” Usually she can cope, but a few times she couldn’t override it, and she called in sick.
She can’t resist picking up litter whenever she spots it; the other day she cleaned up the entire parking lot of her apartment complex. Each night, she must place her phone in an exact spot on the nightstand in order to fall asleep. What’s more, she’s besieged by troubling thoughts she can’t stop dwelling on. (She asked us not to use her last name in order to protect her privacy.)
At the turn of the century, some women sued stenographers for seducing their husbands. An Object Lesson
In January of 1909, Una Goslin sued her husband’s stenographer, Anna Irene Magher, for “alienating her husband’s affections.” This particular premise for a lawsuit—stealing someone’s affections—fell under the umbrella of a larger body of civic legislation known as “heart balm.”
Heart balm sounds like a product for inconsolable teens weathering the fallout of their first breakups, or a late-night infomercial product made of extracts from rare flowers or pungent barks. However, heart balm is not an ointment or a salve, or even a balm. It’s not a product at all, but a legal tort of the turn of the 20th century commonly invoked by housewives against young, female stenographers.
A society that glorifies metrics leaves little room for human imperfections.
A century ago, a man named Frederick Winslow Taylor changed the way workers work. In his book The Principles of Scientific Management, Taylor made the case that companies needed to be pragmatic and methodical in their efforts to boost productivity. By observing employees’ performance and whittling down the time and effort involved in doing each task, he argued, management could ensure that their workers shoveled ore, inspected bicycle bearings, and did other sorts of “crude and elementary” work as efficiently as possible. “Soldiering”—a common term in the day for the manual laborer’s loafing—would no longer be possible under the rigors of the new system, Taylor wrote.
The principles of data-driven planning first laid out by Taylor—whom the management guru Peter Drucker once called the “Isaac Newton … of the science of work”—have transformed the modern workplace, as managers have followed his approach of assessing and adopting new processes that squeeze greater amounts of productive labor from their employees. And as the metrics have become more precise in their detail, their focus has shifted beyond the tasks themselves and onto the workers doing those tasks, evaluating a broad range of their qualities (including their personality traits) and tying corporate carrots and sticks—hires, promotions, terminations—to those ratings.