By Mike Dorf
For personal reasons, I need to take a break from blogging for at least a week or two. Professors Buchanan and Colb will continue to post on their appointed schedule, so there will be new content here on DoL, just not from me.
Before signing off, however, I wanted to make a brief comment on the procedure leading to, and likely to follow, the shutdown/debt ceiling deal that appears to be emerging from the Senate.
Supposing that the deal as it emerges from the Senate passes the House (a big "supposing") and is signed by President Obama, it will take some time to determine whether his strategy of not negotiating with a metaphorical gun to his head succeeded. As a definitional matter, I think it's debatable whether his signing the legislation--which includes some concessions to the Republicans--counts as negotiation. If I were a White House spokesperson, I would say it doesn't because the President didn't negotiate the deal; he merely agreed to sign legislation that had bipartisan support in Congress.
But I am not a White House spokesperson, and so I'm inclined to say that this is a technicality. The point of not negotiating with hostage takers is to avoid creating incentives for future hostage taking. If Republicans perceive the deal as meeting even some of their demands, then they may attempt the maneuver again . . . and again . . . and again. The fact that they will have to negotiate with Harry Reid rather than directly with the President is inconsequential. Hostage taking will have been rewarded in any event.
Is there nonetheless reason to hope that the hostage takers have learned their lesson--and will thus not attempt to use the debt ceiling and the threat of government shutdowns in future negotiations? The answer to that question is more complicated. The fact that the day of reckoning is only put off by a few months strongly suggests that Republicans do plan to use those threats as leverage in further budget negotiations. A terrorist with a bomb is still a terrorist with a bomb, even if the bomb has a relatively long fuse.
Meanwhile, there is very little chance that Tea Party Republicans will be chastened by the public reaction to their tactics. They will more likely be emboldened by their partial success or, for those who think this deal is a sellout because it doesn't repeal the Affordable Care Act and ensure the resignation of President Obama, emboldened with righteous anger.
The hope, such as it is, must therefore be that the experience of the last several weeks leads Speaker Boehner and other old Republican hands to completely abandon the Hastert Rule--and thus the Tea Party wing of the House--going forward. Will they do it? I suspect not, but I hope to be proven wrong.
Subscribe to:
Post Comments (Atom)
10 comments:
All of us who follow this Forum wish Mr. Dorf well in resolving whatever issues are taking him away from DOL. This Forum is one of the few on the Web that combines interesting posts with intellectual integrity. And when we disagree with the Posts it is never because the arguments made lack a solid analytical basis.
Dear Professors Buchanan and Dorf,
I have been following Dorf on Law since 2011 when Professors Buchanan and Tribe had that online media/Internet debate. Over these last two years watching many brilliant people arguing the pros and cons of the Fourteenth Amendment rendering the debt ceiling statute (“DCS”) unconstitutional let me to the conclusion that the amendment was a “Red Herring”.
What if the DCS was unconstitutional from the day FDR signed it into law. This would mean that the DCS is not unconstitutional because it increases the possibility of a default; it is unconstitutional because it created the statutory mechanism for a default.
All pre-1917 borrowing under the Borrowing Clause was from European nations. With the Liberty Bonds and Baby Bonds we borrowed from the American people. With the Series E Bonds we began borrowing from the public. All this necessitated Congress to increasingly delegate to the Treasury its own rights and responsibilities under the Borrowing Clause. This was undoubtedly a proper delegation.
The authority to borrow money was inextricably linked to the authority to spend money under the Borrowing Clause, the Liberty Bonds and the Baby Bonds. With the DCS, virtually all of our debt was placed under a ceiling. The link between the authority to borrow money to the authority to spend money was broken.
Can’t really explain in economic terms why having a limit connected to a specific debt is different than having a ceiling on all debt, but nearly 3/4 of a century under the DCS is historical proof that it didn’t work. It worked great with the massive spending ramping up into World War II, but not so much during peacetime. But placing all of our debt under a single ceiling is definitely within Congress’ authority and is constitutional.
Using one of your equations in a recent post, (a) Spend $X; (b) Collect $Y in taxes; and (c) Borrow $Z, then Z = X - Y. When ΔZ is calculated by the fiscal decisions of Congress, DCS runs smoothly. When ΔZ is calculated by the political whim of Congress, DCS is used for fiscal policy hostage taking.
Congress delegated to the Treasury the authorization to borrow the difference between congressionally approved spending and congressionally approved revenue. The 1939 legislative act that created the DCS was a valid delegation of legislative power. The portion of the DCS that is the ceiling which purports to prevent the President’s constitutional obligation to continue to borrow violates the Constitution’s separation of powers.
I am forwarding this to you because of the shortness of time. If you agree with this analysis, which I hope you do, please make sure the administration finds out about this before something stupid happens Thursday.
The full post, “The Second Vote”, of this argument can be found on my Blog at renasnc.com
Thanks to TDPE for his comments and good wishes for Professor Dorf.
I plan to respond to David Hoffer's very interesting comment soon.
婚姻挽回
感情問題
男人偷腥
網路外遇
商業徵信
信用徵信
財產徵信
新竹徵信
新竹徵信社
債務處理
女人外遇
婚姻挽回
徵信社
捉猴
海外抓姦
離婚證人
智慧財產權
尋人討債
女人外遇
抓猴
如何找徵信公司
搜證
大陸小三
台南徵信社
高雄偵探社
台南偵探社
新女性徵信
外遇調查站
鴻海徵信
亞洲徵信
非凡徵信社
鳳凰徵信社
中華新女性徵信社
全國新女性徵信社
全省女人徵信有限公司
私家偵探超優網
女人感情會館-婚姻感情挽回徵信
女子偵探徵信網
女子國際徵信
外遇抓姦偵探社
女子徵信社
女人國際徵信
女子徵信社
台中縣徵信商業同業公會
成功科技器材
女人國際徵信社
女人國際徵信
三立徵信社-外遇
女人國際徵信
女人國際徵信
大同女人徵信聯盟
晚晴徵信
canada goose outlet, canada goose outlet, moncler, ghd, gucci, cheap sunglasses, mcm handbags, bottega veneta, ugg boots, cheap oakley sunglasses, soccer jerseys, oakley sunglasses cheap, herve leger, soccer shoes, marc jacobs, moncler, canada goose, cheap oakley sunglasses, cheap oakley sunglasses, babyliss pro, insanity, oakley sunglasses cheap, moncler outlet, tn pas cher, oakley, cheap sunglasses, jimmy choo, oakley outlet, chi flat iron, valentino shoes, ugg, uggs on sale, moncler, ugg boots, p90x, oakley vault, canada goose, oakley sunglasses outlet, louboutin, asics, oakley outlet, canada goose, ralph lauren, canada goose, oakley sunglasses outlet, celine handbags, ugg boots, ray ban, oakley vault
guowenhao20150326
coach outlet store online
michael kors outlet
jordan 4
prada shoes
louis vuitton handbags
timberland shoes
hollister pas cher
tod's sale
nhl jerseys wholesale
kate spade handbags
beats by dre
prada outlet
kate spade uk
prada handbags
ray ban
louis vuitton outlet
abercrombie
new balance shoes
burberry outlet
coach outlet
tods outlet
adidas wings
coach outlet online
toms shoes
foamposite gold
lacoste outlet
adidas shoes
christian louboutin
kate spade outlet
tiffany and co jewelry
michael kors canada
toms shoes outlet online
lululemon
giuseppe zanotti outlet
kobe 9 elite
michael kors handbags
converse outlet
michael kors outlet
foamposite shoes
michael kors outlet
shijun 5.20
celine bags
gucci outlet online
polo ralph lauren
michael kors
gucci outlet online
oakley frogskins
running warehouse
louboutin
christian louboutin
air jordans
polo ralph lauren
christian louboutin
chanel no 5
true religion sale
michael kors outlet online sale
prada sunglasses
louis vuitton outlet
gucci outlet
michael kors outlet
christian louboutin outlet
michael kors outlet online
louis vuitton outlet
michael kors
concord 11
cheap oakleys
mont blanc pen
jordan retro 11
gucci handbags
michael kors outlet
jordan 11s
ray ban glasses
abercrombie store new york
toms canada
polo outlet
kate spade outlet
jordan 11 columbia
jordan 11s
cheap jerseys
coach outlet
coach outlet store online
chenlina20150604
michael kors outlet
lululemon
michael kors outlet
jordan 13 shoes
air max uk
michael kors
hollister clothing
michael kors handbags
michael kors outlet
ray ban wayfarer
hollister clothing
gucci bags
coach outlet online
louis vuitton handbags
ray ban outlet
coach outlet
michael kors
louis vuitton
michael kors outlet online
michael kors outlet online
lv outlet
louis vuitton outlet
coach outlet online
nike air max
louis vuitton outlet
ray ban sunglass
prada uk
gucci shoes
louis vuitton
mont blanc
www.louisvuitton.com
abercrombie store
ralph lauren sale
jordan 11 snakeskin
oakley outlet
louis vuitton
ray ban glasses
michael kors outlet
chanel uk
coach factory outlet
guowenhao20150605
mcm bags
new york jets jerseys
tory burch outlet online
timberland shoes
roshe run men
lacoste shirts
oakley sunglasses
boston celtics jersey
chanel handbags
swarovski crystal
hermes birkin
iphone 6 plus cases
louis vuitton outlet
prada outlet
michael kors handbags
burberry outlet online
abercrombie and fitch
tods shoes
abercrombie
converse all star
lacoste outlet
denver broncos jerseys
air jordan shoes
adidas outlet
adidas shoes
nike running shoes
marc jacobs outlet
seattle seahawks jerseys
michael kors handbags
coach outlet
kate spade handbags
ray ban sunglasses
hermes belt
insanity
converse shoes
mcm handbags
lebron james shoes
gucci outlet
calvin klein underwear
louis vuitton outlet
Post a Comment