Looking at Google News this morning, I noticed The debt limit fight: A primer which sounded interesting, so I checked it out.
The "primer" is written by a Brian Montopoli. Mr. Montopoli seems to want to convince you that arguing over whether to allow politicians to keep borrowing in our name is pointless. First, he asserts The battle over a deal to raise the debt ceiling … It centers on an unfamiliar concept …
(emphasis mine)
Really? I guess Mr. Montopoli can borrow as much as he wants and when he has to make payments on his debt, he can borrow some more, ad infinitum.
A limit on how much we can borrow is a very familiar concept to those of us who live in the real world.
Mr. Montopoli goes on to assert:
The idea that there is a legal limit on how much money the government can borrow may seem strange: After all, there is no limit on how much debt you can put on your credit card, so long as you can get someone to loan you the cash. And no other advanced economy has such an arbitrary limit, which White House economic adviser Austan Goolsbee has called a "weird construct."
True, I can put as much as I want on my credit card so long as I do not hit my limit.
But, Mr. Montopoli's argument here is more deceptive than it at first appears.
I have no problem with Mr. Obama, Mr. Reid and Ms. Pelosi and the gang putting as much as they want on their own credit cards.
If they want to take a second mortgage on their own houses, and pay the college tuition of promising illegal aliens, that's their business.
However, by using the government to borrow the money, they are saying to us we'd like to transfer money into the pockets of these individuals over here, but we don't have enough money in the Treasury to do that, so instead, we'll borrow in your name and we'll keep borrowing in your name as much as we want not subject to any limit you, the taxpayer who is ultimately responsible to pay the debt we created, might want to impose.
And, Mr. Montopoli is all for that. 'cause, y'know, the idea that responsible adults might put a limit on the credit card of their college age children is a weird and outdated concept.
Left to their own devices, politicians, like grown children at a party school, have no incentive to spend less. They can always find an interest group whose votes they can purchase by transferring, directly or indirectly, money into their pockets out of the pockets of responsible, hard-working tax payers.
Mr. Montopoli reveals the most beautiful gem in the final paragraph:
Mr. Obama has dodged questions on the issue, saying, "I don't think we should even get to the constitutional issue." The administration has signaled it is unlikely to assert its 14th Amendment right to act unilaterally, though such a move would not be unthinkable in the absence of a deal.
where, in one fell swoop, he has declared that the executive branch has a 14th Amendment right
to sidestep the limit on its borrowing placed there by the legislative branch.
If you are wondering, here is what the 14th Amendment says:
Section 4.
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. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Again, emphasis is mine.
First, saying "you cannot borrow any more" does not question at all the validity of any existing public debt of the United States, authorized by law. Notice how Mr. Montopoli omits that pesky authorized by law
bit from his quotation.
Second, the constitution clearly gives the Congress to enforce these provisions. Not the president.
I am sure there are lawyers who might argue otherwise, but to the rest of us, the meaning of these sentences rendered in straightforward English, is clear.
If the Congress does not allow the president to go on another borrowing binge, then payments on the public debt of the U.S., i.e. coupon payments on treasuries, must still be made, and the administration must figure out how to allocate the rest of the resources of the U.S. government to other expenditures of the U.S. government.