Is the Far-Left Trying to Rewrite the Constitution?

Some on the far left are urging Obama to disregard his own debt ceiling deal in favor of using the "nuclear option" to unilaterally raise the debt limit.  This argument, raised by a number of House Democrats, relies upon a weak interpretation of the fourteenth amendment, which states:

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.

The claim seizes upon the lines "[t]he validity of the public debt of the United States... shall not be questioned" dubiously asserting that this signifies the constitution allows the president to unilaterally issue debt.  However, the argument is so full of holes that even the administration has categorically rejected it.  Obama stated, “I have talked to my lawyers...  They are not persuaded that that is a winning argument.”  

The truth is that this part of fourteenth amendment, which was written in the midst of the Civil War, was drawn up to prevent Congress or the president from repudiating existing debts. This was rooted in the fear that after reunification with the South, former Confederate legislators would try to wipe out Union debt.  Its aim was to ensure that a congress could not backtrack on the promises of previous congresses, undoing commitments made to debtors and thus injuring the debtors and the United States.  The amendment in no way authorized the president to unconditionally incur new debt and certainly did not question the primacy of Congress’s responsibility to issue debt or the constitutionality of a debt limit.  Stanford's Michael McConnell sums up the constitutional law nicely.

Section Four of the Fourteenth Amendment does not create a back-door method for the Administration to borrow more money without congressional authorization. For Congress to limit the amount of the debt does not “question” the “validity” of the debt that has been “authorized by law.” At most, it means that paying the public debts and pension obligations of the United States, as they become due, has priority over all other spending. 

The leftist perspective is merely an attempt to twist the constitution to prevent needed fiscal reforms.  Not only is it unconstitutional for Congress to abdicate this responsibility - Article 1, Section 8 of the Constitution says that only "[t]he Congress shall have Power... To borrow Money on the credit of the United States" - but, as argued elsewhere, such an interpretation would place the United States in dire straits, removing a huge check on rampant expenditure.

A Fine Debt Deal

The bipartisan deal, announced yesterday by the White House, to raise the debt ceiling alongside significant spending cuts has not only helped avert an economic crisis, but has started a much needed process towards fixing America's fiscal situation.  As Speaker of the House, John Boehner (R-OH) said, "[It is not] the greatest deal in the world.... But it shows how much we've changed the terms of the debate in this town....”

The deal, which has yet to be voted on by either chamber of congress but is largely expected to pass, includes immediate cuts and an increase in the debt ceiling.  This is to be followed by a second round of cuts and debt ceiling raises, backed by the recommendation of a bipartisan committee.  Notably absent at this stage are any tax increases or a balanced budget amendment.  Both issues will be raised by the time of the second round of cuts.

Republicans should be quite happy with the outcome.  While the deal certainly has not achieved everything that the GOP desired, it is a good first step.  Reforming the fiscal condition of this country is a process.  After some 80 years of fiscal misguidance, it is far too ambitious to expect all of the needed changes to be implemented during one summer's battle over the debt ceiling.  What this battle has done is begin to change the national mentality.  It has rewritten the terms of debate in a manner that is more conducive to further reforming the fiscally unsound policies of the post-war era.  For the first time, debt limit increases have been linked to to spending cuts.  As Senate Majority Leader Harry Reid (D-NV) bemoaned, the debt ceiling has been unconditionally raised 74 times since 1962.  This has now changed and each future debt limit increase will most certainly involve debates over additional cuts.

In one sense, it is probably good that the Republicans have not received everything that they want - and everything the economy needs - in this one deal.  If the GOP had managed to drive through a "dance-in-the-streets" deal - one complete with a balanced budget amendment, fulsome plan to reduce our national debt, and severe cuts to government spending and entitlements - the debate would be prematurely terminated.  This may have thus provided the needed fiscal changes, but would accordingly fail to make them lasting.  It would only be a matter of time before the left regained the position to scale back these reforms.

The fact is while these needed changes are apparent to many, especially on the right, they are unfortunately not obvious to all Americans.  Fixing policies is only half the game, changing the American mentality is the real crux of the battle.  Unfortunately, many Americans are not quite ready to completely revamp their thinking about deficit spending and the government's fiscal responsibilities.  Accordingly, winning too much, too soon could undermine the broader discussion that is needed.  America needs to realize the necessity of making these reforms and turn from its all-the-time-Keynesianism deficit spending mentality to one of long-term fiscal responsibility.  The process that the battle over the debt ceiling has started will provide the continued platform to present these arguments.  These reforms will only become permanent if the American ethos is severely altered. Spending beyond our means is unsustainable, but unfortunately much of America will need to be convinced of this through a drawn out debate.

Republicans should be sanguine with their success.  No, it is not perfect, but it is an amazing start.  For a party that only controls one-third of the government and has faced a Democratic opposition that started on the far-left of American politics, it has been an astounding feat to so change the national dialogue.  There is still much more work to done, and given the ingrained and long-established interests it will not be easy; yet a historical process has begun.  For this we should be proud.