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“There Are No Asterisks”: Those Who Wrap Themselves In The Constitution, Must Also Abide By The Constitution

Shortly after the 2010 midterms, as the newly elected House Republican majority was poised to start governing (I use the word loosely), the GOP officials had an idea for a symbolic gesture: they’d read the entire Constitution out loud. In January of this year, as the new Congress got underway, they did it again.

There wasn’t any harm in this, of course, but there wasn’t any point, either. It seemed to be the Republicans’ way of reminding the political world that they are the ones who truly love the Constitution. Sure, there are parts conservatives don’t like (the establishment clause, promoting the general welfare), and the right is eager to amend the document in a wide variety of ways, but for Tea Partiers and their allies, the Constitution has no greater champions than far-right congressional Republicans.

And if that’s still the case, Kristin Roberts has some bad news for them.

Have Republicans forgotten that they too must abide by the Constitution?

The document is explicit in its instruction to America’s federally elected officials — make good on the country’s debts. “The validity of the public debt of the United States,” the 14th Amendment states, “shall not be questioned.”

This is not some arcane biblical reference that needs to be translated from scraps of parchment. In fact, its purpose and intent are fairly well documented.

There’s been quite a bit of talk about exotic tactics President Obama may have to consider if congressional Republicans choose to push the United States into default on purpose. Maybe the White House can pursue a “14th Amendment option.” Maybe he can mint a “platinum $1 trillion coin.” Maybe the Treasury can create “Super Premium Bonds.” Maybe the president can do something to protect Americans from those who would do us deliberate harm, even if those people happen to be elected members of Congress. After all, if the validity of the public debt of the United States shall not be questioned, doesn’t Obama have a constitutional obligation to protect us from Republicans’ sociopathic tendencies?

Maybe it’s time to turn the question around on those who like to wrap themselves in the Constitution they claim to revere.

As this relates to Obama, there’s some disagreement among credible experts about whether the president can act unilaterally to circumvent the debt-ceiling law. Obama himself addressed the point yesterday, arguing that it really is up to Congress to complete this simple task and it wouldn’t do any good for him to experiment with creative alternatives.

But that only helps reinforce the importance of the question for congressional Republicans who swear to support the Constitution before they’re permitted to hold office. The document says, “The validity of the public debt of the United States shall not be questioned.” It doesn’t say anything about justifying extortion schemes, or holding the public debt hostage, or protecting the integrity of U.S. finances in exchange for right-wing goodies to satisfy U.S. House candidates who won fewer votes than their rivals.

Likewise, Article IV, Section 1 of the Constitution — known as the Full Faith and Credit Clause — doesn’t include any asterisks about what happens when one party really hates health care reform.

When the 14th Amendment was ratified, U.S. Sen. Benjamin Wade, an Ohio Republican, argued, “Every man who has property in the public funds will feel safer when he sees that the national debt is withdrawn from the power of a Congress to repudiate it and placed under the guardianship of the Constitution than he would feel if it were left at loose ends and subject to the varying majorities which may arise in Congress.”

Today’s congressional Republicans are prepared — some are eager — to betray this commitment, ignore their constitutional responsibilities, and put Americans’ wellbeing at risk for no particular reason.

Those who claim to cherish the Constitution have some explaining to do.

 

By: Steve Benen, The Maddow Blog, October 9, 2013

October 10, 2013 Posted by | Congress, Constitution, Debt Crisis | , , , , , , | Leave a comment

“America Held Hostage”: The Age Of Right Wing Republican “Government By Class” Politcal Thuggery

Welcome to America Held Hostage.

The reference is not just to the ongoing government shutdown that theoretically could be — but in all likelihood won’t be — over by the time you read this. Rather, it is also to the intransigence and extremism of the Republican Party, a brand of government-by-crisis political thuggery that made this confrontation inevitable.

And not just the Republican Party but more specifically, that collection of cranks and outliers within the party so addled by hatred of the president, so crippled by the mental disorder known as Obama Dementia, that they are incapable of rationality and reason. They are the right wing of the right wing, a walking id so fully divorced from reality that even many of their fellow conservatives are wary — and weary — of them. And these are the people who are running the show.

God bless us, every one.

This latest in a series of manufactured crises centers on the Affordable Care Act, President Obama’s landmark health care reform. It may be a good law, may be a bad law, may be (and probably is) a good law with some flaws, but one thing is certain: it is a law. Duly passed by Congress, duly signed by a duly elected president, it has survived no less than 41 votes by congressional Republicans to weaken or repeal it — not to mention a showdown in the Supreme Court. No law in modern memory has been more thoroughly or energetically challenged.

Having failed epically and repeatedly to kill it, these right-wing Ahabs now embark upon an extortionate new tack that, even for them, is astonishing in its disingenuous gall. They have blocked passage of a routine resolution to fund the government unless the health care act is defunded. Then they condemn the president because he won’t “negotiate” with them.

It’s as if a Little League team lost a big game on a critical call. They complain to the umps, they look at the instant replay, they file an appeal with the league, but the call still stands. So they take the ball and go home and say they will not play again until the other team agrees to “negotiate.”

What a crock. In that scenario as in this one, there is nothing to talk about. The problem isn’t the fairness of the process, but the inability of losers to accept the loss.

Once upon a time, a parent might have addressed the problem of children behaving like brats through the vigorous application of leather to the region of the gluteus maximus. Once upon a time, a voter might have addressed the problem of politicians behaving like brats in much the same way.

But the ability to spank legislators is largely lost. The reason in a word: gerrymandering — voting district lines drawn to insulate legislators from voters with contrary viewpoints. Lawmakers choose their own voters, are answerable only to those true believers who already agree with them. It is a system guaranteed to reward extremism and make punishing it nearly impossible.

When you cannot “throw the bums out” (congressional incumbents are re-elected at a dictatorship rate: 90 percent), the bums are free to be as splenetic as they want to be. There is no pressure to be a statesman. Indeed, statesmanship becomes a liability.

The system must be fixed. Districts should be drawn by judges or other nonpartisan entities along sensible geographic and demographic lines. No more of these crazy-shaped districts that look like Plastic Man eating spaghetti on a rollercoaster.

The stakes could hardly be higher. The full faith and credit of the United States is at risk. Yet the right wing of the right wing engages in petulance, pettiness and pique that would embarrass a 4-year-old. They will have things their way — or they will shoot the hostage.

These people seem not to understand that elections have consequences. Unfortunately for this country, obstructionism does, too.

 

By: Leonard Pitts, Jr., Featured Post, The National Memo, October 9, 2013

October 10, 2013 Posted by | Debt Ceiling, Government Shut Down, Republicans | , , , , , , | Leave a comment

“Boehner’s Empty Suit”: An Emperor On An Island With No Exit Bridge

A day in the life of the emptiest suit in Washington:

7 a.m. You wake up, light a Camel. Read a pink Post-it left on the refrigerator by your wife: “John, don’t ever forget, YOU REALLY ARE THE SPEAKER OF THE HOUSE!!! Also, we’re out of bagels.”

7:30 a.m. You lie in your tanning bed meditating about the government shutdown, wondering if it was such a brilliant idea to let it happen. You put on some Pink Floyd, “Dark Side of the Moon,” but that doesn’t help.

8:00 a.m. On the ride to Capitol Hill, your driver remarks that there’s not much traffic in the city, no tourists lined up to see money being inked at the Bureau of Engraving and Printing. You smoke another Camel.

8:11 a.m. From the car you call the police to report that some jerk on D Street is selling “Boehner is a Bum” T-shirts — no, wait, he’s giving them away! Worse, he’s wearing a national park ranger’s uniform.

9:07 a.m. Staff meeting. The assistant in charge of reading all your hate mail insists she’s not crying, it’s just allergies.

On a more upbeat note, three Tea Party activists in Arizona tweeted that the shutdown is a smashing success, and that if you cave in to moderate Republicans who want to end it, then you are lower than lily-livered liberal scum.

9:30 a.m. You deliver your regular morning blame-Obama-for-everything soundbite, which goes pretty well, all things considered. Your wife calls to say you looked totally reasonable on TV, not the least bit satanic, and asks if you’d please swing by the grocery store on the way home.

10:46 a.m. Fox News wants to interview you about the 800,000-plus federal workers being laid off. How are they supposed to pay their mortgages, keep up their car payments, yada, yada, yada….

And this is Fox? They’re supposed to be on your side.

You tell your assistant in charge of turning down hard-hitting media interviews to say you’re too busy trying to end this dire national crisis caused entirely by the Democrats and the president.

11:07 a.m. Three discreet drags on a Camel before sneaking into another tanning bed that you’ve installed in a dark alcove near the Speaker’s office. You put on some Zeppelin, “In Through the Out Door,” but can’t stop thinking about the havoc you’ve created by not letting the shutdown come to a vote on the House floor.

At the Department of Defense, 400,000 civilian workers furloughed with no pay. Same story at NASA, the Department of Justice, Treasury, Commerce, Labor, Energy, even Veterans Affairs.

And this was totally your call, as some unhappy colleagues have pointed out. One word from you and a clean spending bill would have passed, no problem, if only you weren’t such a wimp.

“I hate that word!” you start to holler, fogging up the Plexiglas.

12:30 pm. Lunch with a carefully chosen group of supporters. They try to brighten your mood with news that the signup website for the Affordable Care Act — sorry, Obamacare — is plagued with glitches.

What better proof that the president’s healthcare law is a total disaster, right?

“So cheer up, Mr. Speaker!” they say.

“Cheer up?” you snap back. “Didn’t you see the headline in the New York Daily News? ‘House of Turds.’ With my picture!”

“You’re definitely not a turd, Mr. Speaker.”

“Gee, thanks. Get the check.”

2:15 pm. You cancel the daily session with your charisma coach and go to the driving range to hit a bucket of balls. Out of nowhere comes a thundering downpour!

Turns out you didn’t receive the storm alert on your cell phone due to layoffs at the weather service caused by the you-know-what, that you yourself allowed to happen.

You stub out your Camel, go back to the office and sulk.

4:00 p.m. Your regular afternoon blame-Obama-for-everything soundbite is postponed because the assistant in charge of making sure you’re never photographed with Ted Cruz has spotted the lunatic Texan roaming the halls.

5:45 p.m. Quick trip to the tanning bed, then moisturize.

You’re preparing for a live interview with Diane Sawyer. The producer says Diane’s going to remind you that you’re the one person who could stop the government shutdown tomorrow, if you wanted to.

Suddenly you remember a dentist appointment.

6:30 pm. On the ride home you phone the NSA and ask if someone could please hack the Google site and remove all the mean stuff being written about you. Unfortunately, the hacker in charge of that department has just been furloughed.

So you light up another Camel, and call Harry Reid.

 

By: Carl Hiaasen, The National Memo, October 8, 2013

October 9, 2013 Posted by | Government Shut Down | , , , , , , , | 1 Comment

“The Debt Ceiling Matters”: House Republicans Are Threatening To Unambiguously Violate The Constitution

The word we keep hearing is “catastrophe.”

“A U.S. Default Seen as Catastrophe, Dwarfing Lehman’s Fall,” screams the headline in Bloomberg Businessweek. “A default would be unprecedented and has the potential to be catastrophic,” says a Treasury Department report issued on Thursday — two weeks before the government is expected to begin running out of cash.

But what does “catastrophic” actually mean in this context? In the summer of 2011, when Republicans refused to raise the debt ceiling unless President Obama caved to their extortionist demands, the same word was bandied about. It scared the political class enough that they kicked the can and avoided a default.

This time around, the need to raise the debt ceiling doesn’t seem to be generating nearly the same concern. Indeed, Tea Party Republicans seem to be almost rooting for the government to default, as if that would somehow bring about the smaller government they so yearn for.

But this is incredibly wrongheaded. A failure to raise the debt ceiling, should it come to that, would likely inflict a different kind of pain than sequestration or even a shutdown of the federal government. It won’t make the government smaller. But it does have the potential to diminish the value of one of America’s greatest assets — the backing of its debt — while throwing the world economy into chaos.

The first point worth making is that the 14th Amendment to the Constitution, which declares that “the validity of the public debt of the United States . . . shall not be questioned,” was added precisely to avoid what is happening now: a faction of Congress using the debt ceiling as a bargaining chip. That basic truth, as Fortune’s Roger Parloff noted in a recent blog post, “ought to weigh very heavily in the minds — and on the consciences — of the House Republican faction that is now unambiguously violating its letter and spirit.”

The second point worth making is that U.S. government debt is the only risk-free asset in the world. That debt undergirds the entire world financial system — precisely because the whole world has such faith in it. There is always demand for U.S. government debt. Almost every other asset you can think of is in some way measured against it. A default would destabilize the market for Treasuries. And that, in turn, would likely destabilize every other asset.

The stock market would fall. Interest rates would rise — meaning, for instance, mortgages would become more expensive just as the housing market is starting to revive. Treasuries themselves would likely have to pay higher interest to investors, which would create a rather sad irony: a default would exacerbate the country’s long-term debt (the very problem the Republicans claim to care about).

Let’s move to the havoc a destabilized Treasury debt would have on the banking system. “The plumbing of the global financial system depends on Treasuries,” says Karen Petrou, a banking expert at Federal Financial Analytics. Remember what happened to Lehman Brothers? As the market lost faith in the company’s ability to meet its obligations, Lehman lost access to the “repo” market, which is the way banks are funded on a short-term basis. Treasuries make up a great deal of the collateral in the repo market. If a default were to cause the repo market to freeze, the entire banking system would find itself in crisis. Meanwhile — more shades of Lehman Brothers — the ratings agencies would likely downgrade Treasuries, forcing money market funds to start dumping government debt.

Painful choices would have to be made. Right now, the Treasury Department says it does not have the authority to pick and choose which creditors to pay. But, in the event of a default, it is hard to imagine that the government wouldn’t make some tough decisions about who should get paid in the short term — and who would have to wait. And, though this would infuriate millions of Americans, bondholders in China would likely get their money ahead of, say, Social Security recipients.

“From a purely cost-benefit analysis,” says Mark Zandi of Moody’s Analytics, “not paying bondholders would wind up costing the U.S. much more than not paying Social Security recipients” — because if bondholders lost faith in Treasuries, it would cost the government billions more in interest payments each year.

During the 2011 debt-ceiling crisis, consumer confidence dropped by 22 percent. When consumer confidence falls, people are less willing to spend and businesses are less willing to hire. That’s how recessions — or depressions — begin, and that may be the most important consequence of all.

For as long as anyone can remember, the ability of the United States government to pay its bills on time has given the rest of world tremendous confidence. At the same time, to have the one asset everyone in the world trusts has given America great advantages.

Why on earth would we ever risk that? Why?

By: Joe Nocera, Op-Ed Columnist, The New York Times, October 8, 2013

October 9, 2013 Posted by | Debt Ceiling, Default | , , , , , , , | Leave a comment

“The New Three-Party System”: Democrats, Republicans And The De Facto Radical Ted Cruz Party

Why another shutdown? Our government has three parties these days: Democrats, Republicans and the new radical Republicans.

That “radical Republican” label has some history. The old radical Republicans were the Grand Old Party’s progressive wing. They were opposed during the Civil War and through Reconstruction by the party’s liberals and conservatives.

They strongly opposed slavery, demanded harsh policies against ex-Confederates and pushed civil rights and voting rights for newly emancipated slaves. Abraham Lincoln and other moderates sought compromise and unity for the party and the nation. Today’s radical right would probably call Lincoln an appeaser or a “RINO” — Republican in Name Only.

Today’s radical Republicans are quite the opposite in ideology, if not in temperament, of the originals. Today’s Tea Party-era radicals call themselves “conservative” but they radically challenge, block and overturn established laws, policies and traditions that get in the way of their ideological goals — even if it means a federal government shutdown or a possible default on the nation’s debt obligations.

Long-running partisan battles over taxes, spending, deficits, the debt ceiling and other fiscal concerns have come to a head this season in pitched, last-ditch battles by Republicans to block, repeal or defund the Affordable Care Act, better known as “Obamacare.”

Democrats believe that their hard-won Obamacare law — having survived congressional opposition, the Supreme Court and a presidential election in which it was a central issue — should be given a chance to work.

Republicans like Texas senator Ted Cruz fear that once Obamacare kicks in, as he told Fox News’ Sean Hannity in July, it “will never, ever be repealed” after Democrats “get the American people addicted to the sugar.”

In other words, if people get a chance to try Obamacare, they might like it as much as they like Social Security, Medicare, Medicaid and other programs long decried by conservatives as socialistic.

They have a right to hold objections to programs they don’t like. But conservatives do their country a disservice by holding the normal functions of government hostage to their tests of ideological purity. That’s not just coming from me. It also comes from many of their fellow conservatives.

Some of the party’s best known conservatives have come under attack from the GOP’s Tea Party wing for failure to be conservative enough. The Senate Conservatives Fund, for example, has been running ads that attack Republican senators Jeff Flake of Arizona, Richard Burr of North Carolina, Lamar Alexander of Tennessee and Thad Cochran of Mississippi. Their sin: reluctance to support their party’s self-destructive strategy against Obamacare.

“Tell Senate Republicans to stand with Ted Cruz and [Utah senator] Mike Lee,” says the group’s website, “not [Senate Minority Leader] Mitch McConnell [of Kentucky] and [Senate Minority Whip] John Cornyn [of Texas].”

Other conservative groups, including the Tea Party Patriots, For America and Heritage Action have mounted ads attacking Republicans in both houses who don’t rigidly support their efforts to defund Obamacare.

Over on the House side, Cruz has thumbed his nose at traditional protocols by plotting strategy with Tea Party House members — against Speaker John Boehner’s wishes.

But what is Boehner to do? He’s been warned by the Tea Partiers that he’ll be voted out of his speakership if he passes any major legislation with less than a majority of House Republicans. The radical right may be a minority of the House but they appear to leverage a majority of the power against Boehner’s lack of a counter-strategy.

Cruz has taken de facto leadership of the new radical Republican assault on Obamacare, most visibly by speaking for more than 21 hours in a pseudo-filibuster about his objections to the program. This has won soaring support for him in the party’s right wing, setting him up for what most likely will be a presidential run in 2016. One wonders whether he cares more about Republicans or the Ted Cruz Party.

So far, the strident GOP push to overturn Obamacare, even as Americans in need of health care sign up for its state insurance exchanges, shows Republicans to be holding on to the same self-defeating strategy that lost the 2012 presidential race: Talking ceaselessly to themselves.

Worse, they’re arguing among themselves, battling for their party’s political soul instead of real solutions to the problems that voters sent them to Washington to solve.

 

By: Clarence Page, Featured Post, The National Memo, October 7, 2013

October 8, 2013 Posted by | Politics | , , , , , , , , | 1 Comment