What will likely happen is, T-Bills with those maturity dates will have a higher risk premium and trade at lower values. People like Warren Buffet will gobble them up because they are still zero risk if you are willing to hold them for a few extra months while the debt ceiling issue is worked out. If things get really bad, the fed could offer to buy them with a haircut to ensure markets have liquidity.
The T-Bill is the cornerstone of the global financial system. Even with a technical default, no one believes the government won't eventually pay. And if you believe they won't, you should be buying physical gold, guns & ammo + food stuffs because it would be Mad Max'ish were that to happen.
The real issue is, if the government is in technical default, the credit rating agencies will downgrade the UST bill. That will result in higher interest rates on ALL government debt as it eventually revolves through. That means less money for existing programs.
I think for "main street", it will be a disaster. The fallout could rival the 1930's depression and people's 401Ks will probably loose 30% to 40% of their value.
Why Wall Street is still backing these GOP idiots is beyond me. We seem to be in a shift of US Party priorities. Seems the Dems are heading to support businesses while pushing social conscience. Seems some in the GOP is trying to do what they can to steal from Social Security/Medicare and crash world economy.
This POV is very hard to support today. Both parties give full throated support to "business" and only disagree on implementation details.
I hope you refrain from using stolen property like roads, parks, and GPS.
The odd part comes from the package-deal associated with Republicans: right-wing extremists. Democrats have been okay keeping extreme left-wing out of most policies, but Republicans seem to be increasing acceptance.
My theory on this is that Republicans from roughly the 80s or maybe a little before got too good with the propaganda. Because of that and the loose party system we have in the US, people who grew up on conservative propaganda are now prominent elected officials and the cycle reinforces itself.
Either that or it's just grifters who have realized there is no bottom with a substantial portion of "the base". It's probably a combination.
A more balanced take might be, why does the US end up with such a high proportion of corrupt idiots on both sides of the political spectrum in Congress and the Senate?
If enough of you guys on both sides can’t see that there are rational, reasonable people on both sides and come together, that will be end of the American empire. It will end in civil war, complete with nuclear Armageddon for the USA. Let us hope there is enough common ground to avoid that outcome.
I've seen a few articles by constitutional lawyers that state the 14th amendment requires the US pay its debts, and the debt ceiling is a fiction (although, depending upon how the administration proceeds, it could take time to go through the courts; i.e., if the administration/treasury treats the debt ceiling as real).
https://www.theatlantic.com/politics/archive/2011/05/our-nat...
One year Congress passes a budget. Accordingly Treasury sells debt to raise money, and money is being spent. In the middle of the year Congress refuses to raise the debt ceiling. What’s supposed to happen to the budget they just passed?
It seems a lot like Congress orders a three-course meal at a restaurant and then refuses to pay when the bill comes in.
You might argue it’s a different Congress refusing to pay the bill, but that’s not a good look either when the US government is supposed to represent stability and continuity.
This is the flip side of why “government shutdowns” happen: the executive branch can’t spend money if Congress does not appropriate it. The flip side is that the executive branch must spend money to execute laws that require spending money.
These articles are written solely to provide cover for political positions. The authors are essentially spending their credibility as a donation to politicians they support. It’s not a plausible way to read the Constitution as a whole.
If the debt ceiling “isn’t real” (that is, is unconstitutional), then there is no need to pause other spending to make debt repayment. The only reason such a pause would be necessary is that the debt ceiling was valid.
> The 14th Amendment commitment to repay debt does not trump Article I powers of Congress.
To the extent they conflict, it does, by the usual canons of legal construction in that, all other things being equal:
(1) Newer enactments trump older enactments,
(2) More specific rules trump more general rules.
To the extent there is a reasonable reading without conflict, that may be favored, but to the extent there is an essential conflict, the 14th Amendment definitely trumps Article I.
There is also the context in which this Amendment was passed; it was not done to relieve Congress of its duty to do its job.
There is also the fact that 14th Amendment was passed 150 years ago and Congress has voted to raise the debt limit, and the President has signed those laws, many many times since then. That precedent imbues the debt limit with legal authority. It’s not like we’re just waking up today and discovering what the Constitution says.
No, actually, compared to most statutes, Constitutional Amendments tend to be extremely vague on that point, with the language rendered inoperative needing to be inferred from the conflict between its effect and the clear meaning of the new language.
> There is also the fact that 14th Amendment was passed 150 years ago and Congress has voted to raise the debt limit, and the President has signed those laws, many many times since then. That precedent imbues the debt limit with legal authority
No, practice without legal challenge does not create legal precedent; otherwise, it would be a backdoor way for federal authorities to amend the Constitution without the required involvement of the states so long as they constrain themselves to situations where there weren’t non-federal parties with standing to challenge actions.
Moreover, to the extent that it involves cases where Congress would have standing to sue ab initio, allowing practice to change the substantive legal rule would violate the well-established principal that Congress cannot bind future Congresses.
Some interpret this to imply that the courts could intervene in any case where legislative action would cause the US to fail to pay any existing debt. I think it's uncertain though, and I am curious what people more familiar with consitutional law think about this.
No one actually thinks this. Just like no one actually thinks that we just discovered that the wording of the 14th Amendment is a magical solution to a debt limit fight.
The funny thing is that IF the Constitution actually did work this way, it would remove any leverage the debt limit holds over policy.
So some folks are trying to have their cake and eat it too. They demand policy changes in return for a debt limit raise, while also claiming, separately, that neglecting to raise the debt limit is no big deal because 14th Amendment. It makes no logical sense. And it’s not supposed to; it is just supposed to sound plausible, in parts, to different audiences.
So?
Wouldn’t be the first time that routine government practices were found to be unnecessary or invalid because they were premised on a faulty view of the Constitutional powers of some institution of government.
> No one actually thinks this.
Lots of people actually think this.
> Just like no one actually thinks that we just discovered that the wording of the 14th Amendment is a magical solution to a debt limit fight.
That’s true, its not a recent opinion. Just as the opinions that the War Powers Act is unconstitutional (there are two different major ones, as to whether it unconstitutionally limits inherent executive power or unconstitutionally delegates non-delegable Congressional powers) is as old as the War Powers Act, the opinion that the debt ceiling is unconstitutional is nearly as old as the debt ceiling.
If everyone agrees a gun is not loaded, no one cares who is holding it or where it is pointed.
No, its proof that no one has thought that it the best choice given the then-current political situation was to test it. Given that Executive/Congressional relations rely on working relationships, and that a successful challenge (by the Executive, Congress would never be the party to challenge) rather than making a deal where it is possible has the potential to poison that relationship and sink a President’s legislative agenda, there is a strong incentive not topush the issue, irrespective of the merits, except in the worst conceivable pre-existing relation between a President and a faction holding the power to obstruct debt limit increases in at least one house. (This is a similar reason to why you see adherence to the War Powers Act even by administrations that have characterized it as an unconstitutional usurpation of inherent executive power on the part of Congress, that has only the legal effect – where it facially limits the President – of a non-binding request by Congress.)
Yes, finally you understand what I’m trying to say. It is still true that no one thinks it is a good choice to interpret the law this way.
Because if we do interpret it this way, the Republicans don’t get to demand policy changes in return for a limit raise. If we do interpret it this way, the Democrats don’t get to shout that the Republicans are holding a gun to the world economy’s head.
Everyone with power still wants that particular gun to be loaded.
The only folks who think this theory might be real are a few egghead professors and some C-grade political strategists.
No, you are confusing legal interpretation with political calculations of whether to put the interpretation to the test. Not understanding the difference means not understanding why the evolving polarization between the parties making putting it to the test more likely.
Both parties may think that it is the path of least resistance to a particular political debate is to have congress raise the debt ceiling, but characterizing either party as having a solidified interpretation of the legal necessity of those actions is silly, it's not really a thing either party has taken a solid position on.
As we saw in the Trump presidency, lots of things that are or were done as "norms" aren't necessary, and violating those norms was completely legal and, in some ways, extremely powerful and expedient for the Trump white house. (the most relevant of these being that Trump bypassed the appointments clause for many positions by having acting heads run certain institutions for months or years without senate confirmation)
If they don't pay there will be a market for them. Everyone will believe the debt ceiling will be somehow fixed and many players will be willing to buy T-bills at some discount -- probably very slight, but who knows? The Fed might also step in to buy them.
The general expectation is that Washington will avoid this in the first place but they're all getting dumber and I think the possibility of it happening eventually is no longer zero.
[0] Day of the debt. https://www.npr.org/2021/11/23/1058529788/day-of-the-debt
Plus the US Treasury can unilaterally create a $1 trillion coin and increase the debt ceiling that way.
I have been completely ignoring this nonsense since 2 or 3 iterations ago, don't get too sucked into this.
Back in 2021 the Democrats had the option from the get go to do a clean unencumbered unconditional debt ceiling increase with just the votes they had and chose to try to pin it with a spending bill they wanted to push through but didn’t have the votes for, as described in even this blatantly partisan CNN article bylined by CNN’s Editor-at-large[1]: https://www.cnn.com/2021/09/22/politics/debt-ceiling-increas...
The parent comment was correct the first time. It’s brinksmanship by both Democrats and Republicans.
[1]: Genuine question: how is this different from an Editor-in-Chief?
It's a senior role generally more focused on journalism rather than the traditional editor position which handles the higher level stuff.
Thanks!
See here: https://www.nytimes.com/2021/09/28/us/politics/debt-ceiling-...
Yeah, I'm gonna trust this guy for sure.
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.
While it is possible that the United States could default, a naked short to take that position would be like saying, "Hey, I bet you $100 that this steamroller will stop if I jump right in front of it."
If you think the US will default, it might be wiser to go long something that will grow in value in the chaos that would immediately follow.
None of the actors in Florida control the federal executive.