Defenestrate the Debt Ceiling

 https://www.cjr.org/language_corner/defenestrate.php

 http://www.dorfonlaw.org/2023/01/the-debt-and-debt-ceiling-have.html

 http://www.dorfonlaw.org/2023/01/would-it-even-be-possible-to-prioritize.html

 http://www.dorfonlaw.org/2023/01/who-says-president-should-invoke.html (Perry v United States  https://www.law.cornell.edu/supremecourt/text/294/330 )

 This isn't about waste in government, or the debt or anything of consequence to the American people.  Your threatened default on the nations debt (and its obligations for spending already approved!) serves no purpose.   That’s right, no legitimate political purpose.  If Republicans wish to reduce the deficit entirely by spending cuts (without additional taxation and perhaps even tax cuts) they will have every opportunity to make that case to the American people in November 2024 and if the people approve, and Republicans win control of the presidency and both houses of Congress, they will have the opportunity to enact their agenda.  Extorting their agenda in the current environment of divided government is a betrayal of their oaths to support the Constitution.  The purposes of this extortion are confined to the insatiable desire of the Republican base for ‘red meat’ and the insatiable desire of the majority of Republican congressmen to stick it to the ...

 Republicans castigate the president because he's unwilling to compromise on spending cuts.  But the president's position, and I agree with him 100 percent, is that continued borrowing for expenditures already appropriated is a non-negotiable item.  Please note that spending was appropriated on the premise that some it would be paid for by borrowing.  It must also be noted that not only have Republicans taken tax increases off the table, they have voted to rescind additional appropriations for the IRS for the purpose of enforcing existing tax law.  Republicans do not want Biden to come to the table to negotiate, they want him there so they can dictate terms.  While there can be no negotiation over raising the debt ceiling there is certainly need for a discussion of federal spending and tax policy.  But Republican demands accompanied by extortion leave no room for discussion at this time.

 We cannot look at the Debt Ceiling as simply a conflict between the executive and legislative branches and we certainly cannot look at it as a conflict which ought to be resolved by the judiciary.  Make no mistake that Republican use of the debt ceiling will go beyond addressing a (manufactured?) deficit crisis.  Already, at least one representative, Chip Roy, has suggested using the debt ceiling to extract concessions from the president and Democrats with respect to immigration.  Once the door to extortion is opened our constitutional system of check and balances collapses amid threats and counter threats.   Will this president or any president withhold disaster relief from the states of recalcitrant congressmen and senators?  Will this president or any president delay tax refunds and/or federal Medicaid funds.  Will the only constraints on tit for tat  action by the executive and legislative branches be political calculations?  Our re...

 What constitutional issues has the Supreme Court deemed political and not subject to judicial review? The Supreme Court has often deemed certain political questions as non-justiciable, meaning that they are not subject to judicial review. This means that the Court will not hear or make decisions on these types of issues, as they are seen as best left to the political branches of government, such as the legislature and executive. Examples of political questions that the Supreme Court has deemed non-justiciable include: Questions related to the manner in which the president performs his duties, such as the exercise of executive privilege or the removal of executive officers. Questions related to the political process, such as the apportionment of congressional districts or the administration of elections. Questions related to foreign policy, such as the recognition of foreign governments or the determination of war powers. Questions related to the impeachment of federal officials, a...

 Republican talking points, on the debt ceiling, actually involve multiple scams but the major one is threatening  a default, that would trigger national and worldwide financial crisis is in simple terms refusing to accept the results of an election (again!) 21 months away.  If Republicans win this election, and they would have excellent chances of doing so, they will have the presidency and the votes in congress to implement their fiscal agenda.  Instead Republicans are attempting to force feed their agenda rather than put it before the voters.

 If we assume that an adult has a right to suicide ( which is not presently the Supreme Court's view) that  would not give a man who decides on such a course of action the right to to take his wife and children with him. Republicans have determined that the country and implicitly themselves should commit a collective suicide.  With respect to  Republicans I'm tempted to say something along the lines of  'if that's your decision don't let me stop you'  or 'don't slam the door on your way out' but I suppose the appropriate thing would be to refer them to a suicide hotline.  But the larger point here is that it could not have been the intention of the founders and it cannot be enshrined in the Constitution that the country is required to follow a band of lunatics off a cliff.

 There is some question as to whether the debt ceiling is constitutional but I think I'm on solid ground in arguing that nothing in the constitution gives a house of congress or the executive the power to extort legislation or action for which it lacks the authority or votes to effectuate through regular order.  So whatever the constitutionality of the debt ceiling congress and the president are required to raise it so that the government can honor obligations already undertaken.  So what I'm saying is that the sole legitimate constitutional purpose of the debt ceiling is limited to periodically pointing out to the president, legislators and voters the size of the public debt.  Then if congress refuses to raise the debt ceiling the president has the constitutional obligation to ignore it.  Under present conditions the House can impeach but there are insufficient votes in the Senate to convict and remove.  If Republicans try to enforce through the judic...

  1) There is no link between the budget deficit, government debt and inflation other than in Republicans' imagination. 2) With respect to the debt ceiling, there is no urgency, that precludes deferring the matter of the debt 21 months,  when GOP, will have the opportunity to win majorities in both houses and the presidency.  If successful they can enact most of their fiscal agenda either through 'regular order' or with the aid of the reconciliation process. 3) Why are Republicans so afraid of elections and voting?