If We Reach the Debt Limit, Obama Will Probably Just Break Through It Anyway

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


We have various laws that require the federal government to disburse money. However, if we reach our statutory debt limit without Congress raising it, we’ll have another law that says the government can’t borrow any more money. Matt Yglesias comments:

So we’re headed straight for a legal and constitutional crisis that could also become a financial crisis.

What laws does the executive branch follow and which does it break? What litigation will result from any decision, and who will prevail? I think the conventional wisdom actually somewhat overstates the odds of this leading to a total financial meltdown. Worst comes to worst, you pay people with IOUs for a week and then organize an “illegal” debt auction where bonds will sell at a modest premium to currently prevailing rates and ultimately the courts legitimize the option. But that will definitely be a kind of constitutional meltdown that will permanently shake confidence in the American financial and political system.

I don’t know if this is exactly how things will unfold, but it’s in the right ballpark. I realize that a lot of people are still pushing the platinum coin thing, but keep in mind that even if you don’t buy any of the arguments for why it’s illegal, it only works if you can deposit the coin at the Fed. And the Fed has already said it wouldn’t accept it. So it’s not a live option no matter how passionately you believe it’s legal.

But if the debt ceiling showdown lasts more than a couple of weeks, it’s likely that President Obama will simply order the Treasury to start auctioning bonds regardless. Maybe under the authority of the 14th Amendment, maybe under his authority as commander-in-chief. Maybe he’ll declare a state of emergency of some kind. Who knows? But eventually this is how things will work out, with Obama acting because he has to, and because he knows that courts will be loathe to intervene in a political dispute between the executive and legislative branches.

In any case, it would be a helluva mess. Republicans really need to grow up and stop treating the livelihoods of millions of workers and the good faith of the United States as mere partisan chew toys. It’s long past time for the business community to stage an intervention.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate