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7 Jun 2023, 9:01 pm by Neil H. Buchanan
I’m pro-democracy, and I don’t want to be on the wrong side of history,” is inspiring, to be sure, but to expect it is beyond naïve. [read post]
6 Jun 2023, 1:07 pm by Neil H. Buchanan
Buchanan Frequent readers of Dorf on Law will surely have noticed that I have a pet peeve regarding bothsidesism. [read post]
5 Jun 2023, 5:16 am by Ashley Deeks, Matthew Waxman
” In a memorandum to President Buchanan in 1860, Attorney General Jeremiah Black stated, “As Commander-in-Chief of the army, it is your right to decide according to your own judgment what officer shall perform any particular duty. [read post]
30 May 2023, 6:04 am by Conor Clarke
The second view—which I find more intriguing and which the President hasn't addressed—is Neil Buchanan and Michael Dorf's theory that the debt limit can create a kind of trilemma: If the President doesn't have enough money to satisfy spending statutes, he must (so the theory goes) either arrogate Congress's spending power or arrogate one on revenue-side authorities—taxing or borrowing. [read post]
30 May 2023, 4:00 am by Neil H. Buchanan
  Even so, it is instructive.What would an honest attempt to respond to the Buchanan-Dorf run of arguments look like? [read post]
24 May 2023, 7:40 am by Conor Clarke
(The most stimulating of these was Neil Buchanan and Michael Dorf's paper on the presumed constitutional "trilemma. [read post]
23 May 2023, 6:49 am by Neil H. Buchanan
  Without a deal, there will only be two possibilities; (1) Biden pays the bills, even if the debt ceiling becomes binding; or (2) Biden doesn't pay the bills, causing the US to default for the first time in history. [read post]
19 May 2023, 4:00 am by Michael C. Dorf
I don't fool myself that Prop 12 will lead to the collapse of animal agriculture. [read post]
18 May 2023, 10:41 am by Neil H. Buchanan
Buchanan The debt ceiling crisis is no laughing matter. [read post]
17 May 2023, 9:02 pm by Neil H. Buchanan
Politico also quotes McConnell thus: “I don’t think it’s very complicated. [read post]
17 May 2023, 4:54 am by Michael C. Dorf
Couldn't we equally say that the problem is not B.2 but B.1? [read post]
15 May 2023, 8:00 am by JB
 It was also, for a brief period of time, a Type Two crisis as well, because then-president James Buchanan took the position that although secession was illegal, there wasn't anything he could do to stop it. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
We would be delighted if the debt ceiling truly were a mere paper tiger that could be easily shredded by stamping “$3 trillion” on a piece of platinum or issuing bonds with a face value of one dollar but sold for a hundred dollars each because they offer 40,100 percent in interest (which is the rate Treasury would need to offer to reproduce the payback on a conventional 3-month hundred-dollar T-bill that pays the roughly 5 percent current interest rate). [read post]