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6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As we described earlier this week in a column on Dorf on Law, there are various scenarios in which the debt ceiling at that point will be a political non-issue, with an incoming Republican President wanting to increase the debt ceiling and being joined either by a compliant Republican-dominated legislative branch or by a Democratic Party that would not be willing to hold the world hostage. [read post]
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]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As one of us (Dorf) explained in a column on May 10, “there’s a difference between ‘would be litigated’ and ‘would have to be litigated. [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]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
Accordingly, in an accompanying essay on the Dorf on Law blog, we work through some further details about how the debt ceiling statute would treat premium bonds. [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
As we explain in an accompanying essay on Dorf on Law, we got all of the technical points right, while our critics got nearly everything wrong.Details aside, we emphatically reject the claim that we would ever consciously try to deceive our readers. [read post]
16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Writing separately, we have suggested that a platinum coin that was deposited with the Fed would count as “debt” and thus would not even achieve the goal of keeping the US below the ceiling (Buchanan) and that advocates’ overly broad reading of the Coinage Act is likely a violation of the reasonableness requirement for agency interpretations that aim to fill statutory gaps (Dorf). [read post]
8 Jul 2021, 9:01 pm by Neil H. Buchanan
“Let’s not increase the debt ceiling” was, as I wrote many times and at great length (often co-authoring with Verdict co-columnist Michael C. [read post]
In a stunning public admission of a plan to distort our democracy, Donald Trump has been telling his audiences that he will win the 2020 election without winning more votes than Joe Biden. [read post]
9 Mar 2020, 2:00 am by mes286
Stevens Professor of Law, Cornell Law School, and Neil H. [read post]