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31 May 2023, 2:01 pm by Guest Author
Previously arcane arguments over the constitutionality of the public debt limit now make headlines.[1]  At the same time, debate swirls around whether the President of the United States has the constitutional authority, resting on Section Four of the 14thamendment, to ignore the debt limit. [read post]
22 May 2023, 9:01 pm by Neil H. Buchanan
” Even the most committed textualist should find that laughable.To be fair, Klein frames that discussion as a matter of asking what three arch-conservative Supreme Court justices—John Roberts, Brett Kavanaugh, and Neil Gorsuch—might be convinced to endorse, and he notes later in the essay that this Supreme Court has shown us that once-nutty arguments are no longer off the table.Even so, when Klein turns his attention to the second argument, this is his transition sentence:… [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
17 May 2023, 9:02 pm by Neil H. Buchanan
” Professor Michael McConnell’s name is on that piece, but I confess that I am almost tempted to think that it was written by ChatGPT, because there were only a few points in the piece in which it was possible to discern any attempt at an argument, and more importantly, at no point did the piece address the actual Buchanan-Dorf arguments that Tribe summarized.I should note that maybe-McConnell did not even read Tribe’s piece, much less anything by Dorf and/or… [read post]
16 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Even that, however, would not help Republicans.Let us imagine that the White House follows the Buchanan-Dorf plan and tells the Treasury to keep calm and carry on. [read post]
15 May 2023, 9:05 pm by renholding
(citing risk of the United States becoming known as a “deadbeat country”). [10] Neil H. [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
When one of the current authors (Buchanan) used to teach economics courses at the university level, consols were a favorite hypothetical financial instrument, because the arithmetic for determining their value is shockingly simple. [read post]
1 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Each day that passes without enactment of legislation raising or suspending the debt ceiling brings the United States and thus the global economy closer to disaster. [read post]