{"id":5870,"date":"2013-01-13T07:48:15","date_gmt":"2013-01-13T15:48:15","guid":{"rendered":"http:\/\/www.oeconomist.com\/blogs\/daniel\/?p=5870"},"modified":"2013-01-13T07:48:15","modified_gmt":"2013-01-13T15:48:15","slug":"fourteenth-amendment-re-redux","status":"publish","type":"post","link":"https:\/\/www.oeconomist.com\/blogs\/daniel\/?p=5870","title":{"rendered":"Fourteenth Amendment Re-Redux"},"content":{"rendered":"<p>Perhaps I'm a Constitutional hipster, in-so-far as <a href=\"?p=3570\">I was talking about section 4 of the Fourteenth Amendment before it was cool to do so<\/a>.  After it <em>had<\/em> become cool, <a href=\"?p=4914\">I felt moved to explain<\/a> <blockquote>&#91;The Fourteenth Amendment&#93; is indeed &#91;the <em>law<\/em> that empowers the President to increase the ceiling&#93; &mdash; where the <em>only<\/em> way not otherwise in violation of the Constitution to pay debt that has come due is to borrow beyond the existing limit.  If the debt can be paid in some <em>other<\/em> way, then no special authority can be found for the President in section 4.<br \/><br \/>&#91;&#8230;&#93; <a href=\"?p=4914\">The President doesn&#39;t <em>get<\/em> to say that he or she must raise the limit to continue funding institutions to which he or she can apply <em>profound<\/em> and <em>moving<\/em> terms, unless those institutions are indeed Constitutionally <em>mandated<\/em>.<\/a><\/blockquote><\/p> <p>With talk of the President raising the borrowing limit <em>by decree<\/em> again heating-up, I feel moved to labor aspects of what I'd earlier explained.<\/p> <p>As debt comes due, for which sufficient funding has not been allocated, the Federal government can do one or more of <em>five<\/em> things: <ul><li>Default.<\/li> <li>Increase tax collections.<\/li> <li>Decrease other expenditures to allocate more revenue for debt service.<\/li> <li>Liquidate assets.<\/li> <li>Engage in new borrowing to service the debts from previous borrowing.<\/li><\/ul> Advocates of the President raising the ceiling by decree want to pretend that <a href=\"?p=3570\">the Constitutional prohibition of the <em>first<\/em> of these five options<\/a> empowers the President to effect the <em>last<\/em> of these options by decree.  But there would be <em>three other options<\/em>; it is appropriate to ask why the President wouldn't <em>instead<\/em> be required to choose one or more of <em>the other three<\/em>.<\/p> <p>And, if a decision must be made amongst some or all of the four options not prohibitted by section 4 of the Fourteenth Amendment, it is not evident that it is the President's decision to make, even if the Congress will not.  In the absence of Constitutional guidance, there is no apparent reason that abdicated <em>legislative<\/em> responsibility should go to the <em>executive<\/em> branch as opposed to the <em>judicial<\/em> branch.<\/p>","protected":false},"excerpt":{"rendered":"Perhaps I'm a Constitutional hipster, in-so-far as I was talking about section 4 of the Fourteenth Amendment before it was cool to do so. After it had become cool, I felt moved to explain &#91;The Fourteenth Amendment&#93; is indeed &#91;the law that empowers the President to increase the ceiling&#93; &mdash; where the only way not [&hellip;]","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"footnotes":""},"categories":[6,36,9,104,4],"tags":[821,822,818,1028,196,1145,625],"class_list":["post-5870","post","type-post","status-publish","format-standard","hentry","category-commentary","category-economics","category-ideology-philosophy","category-news","category-public","tag-14th-amendment","tag-fourteenth-amendment","tag-national-debt","tag-presidency","tag-president","tag-rule-by-decree","tag-u-s-constitution"],"_links":{"self":[{"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=\/wp\/v2\/posts\/5870","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5870"}],"version-history":[{"count":0,"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=\/wp\/v2\/posts\/5870\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5870"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.oeconomist.com\/blogs\/daniel\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}