Posts Tagged ‘Fourteenth Amendment’
Wong Kim Ark
At the heart of the coming battle over the constitutional right to U.S. citizenship for everyone born in this country is how the 14th Amendment, adopted in 1868, is interpreted. And at the heart of that interpretation is a 112-year-old Supreme Court decision, based on a lawsuit filed by a young man from San Francisco named Wong Kim Ark.
Depressing Sunday Links
Establishment Democrats are enthusiastically betraying their constituents, and gloating about it. I’ve already committed to not giving money and not volunteering in 2012, but the sticker’s coming off the car if the deal as described goes through. I’m done.
While the New Deal stoically awaits the guillotine, some links, many shamelessly stolen from zunguzungu’s supersized edition of Sunday Reading:
* Congressional Black Caucus: Use the 14th Amendment.
* Jeffrey Sachs: “Every part of the budget debate in the U.S. is built on a tissue of willful deceit.”
* The basic error was that Buchanan approached American politics in procedural or legal terms at a moment when the reigning political conflicts in American life were no longer in any sense shaped or resolved by procedural or legal processes. Obama as James Buchanan. More here from John Judis:
Over the last four decades, the Republican Party has transformed from a loyal opposition into an insurrectionary party that flouts the law when it is in the majority and threatens disorder when it is the minority. It is the party of Watergate and Iran-Contra, but also of the government shutdown in 1995 and the impeachment trial of 1999. If there is an earlier American precedent for today’s Republican Party, it is the antebellum Southern Democrats of John Calhoun who threatened to nullify, or disregard, federal legislation they objected to, and who later led the fight to secede from the union over slavery.
* In a nutshell, what’s going on is something that hasn’t happened in American politics for 50 years: an ideologically coherent social movement with clear political aspirations has taken shape out of murkier antecedents and disparate tributaries and at least for the moment, it has a very tight hold on the political officials that it has elected. The movement is not interested in the spoils system, its representatives can’t be quickly seduced into playing the usual games. And the movement’s primary objective is to demolish existing governmental and civic institutions. They’ve grown tired of waiting for government to be small enough to drown in a bathtub, so they’re setting out with battleaxes and dynamite instead.
Social movements that aren’t just setting out to secure legal protection and resources for their constituency, but are instead driven to pursue profound sociopolitical transformations are unfamiliar enough. What makes this moment even more difficult to grasp in terms of the conventional wisdom of pundits is that this isn’t a movement that speaks a language of inclusion, hope, reform, innovation or progress. It speaks instead about restoration of power to those who once held it, the tearing down of existing structures, about undoing what’s been done. This movement is at war with its social and institutional enemies: it has nothing to offer them except to inflict upon them the marginalization that the members of the movement imagine they themselves have suffered.
* Ezra Klein dangles the carrot: maybe Obama won’t capitulate on the Bush tax cuts again. Sure, maybe.
* Surely there must be a name, in advertising parlance, for the figure of the anthropomorphized food item that happily consumes a non-anthropomorphized version of itself?
* The great teddy bear shipwreck mystery.
* On misremembering the victims of injustice as small children.
* Julian Sanchez: “The very existence of such massive trade in “defensive patents” is, in itself, pretty strong evidence that there’s something systematically quite wrong with the American patent system—because a patent that’s useful for “defensive” purposes is very likely to be a bad patent.“ I love that Planet Money and This American Life got non-IP people talking about this.
* And I may have done this one before, but what the hell: Inside an abandoned East Berlin amusement park.
Boehnerdämmerung
With Boehner unable to pass even his own debt-ceiling bill, much less a reasonable one, Jack Belkin is talking Plan Bs. In addition to the Fourteenth Amendment option I’ve been hammering for months, there’s also something else a lot of people have suddenly started talking up, platinum-coin seigniorage:
Sovereign governments such as the United States can print new money. However, there’s a statutory limit to the amount of paper currency that can be in circulation at any one time.
Ironically, there’s no similar limit on the amount of coinage. A little-known statute gives the secretary of the Treasury the authority to issue platinum coins in any denomination. So some commentators have suggested that the Treasury create two $1 trillion coins, deposit them in its account in the Federal Reserve and write checks on the proceeds.
In the meantime: NRO’s Douglas Holtz-Eakin loses it. So does Joe Klein. Five Reasons the House GOP Is to Blame. The end of John Boehner. Boehner’s Three-Legged Stool of Doom. And from the Dep’t of Very, Very, Obvious Observations:
If in fact the debt limit is not raised well beyond the August 2 target date, and the economy suffers the severe blow that experts, Democratic politicians, and most Republican politicians believe is likely to happen — the dissenting Republican politicians such as Michele Bachmann, Steve King, and Louie Gohmert (and other insiders) will not, in fact, admit that they were wrong about it. Instead, they will blame Barack Obama for implementing the debt limit badly. And they will do so no matter how he implemented it (I’d say that would include if he did it precisely how they had advised, which would be true, except that I believe their position is mathematically impossible, so it won’t be happening).
What’s more, and this is only slightly less obvious and slightly less certain, they will almost certainly not be penalized within the GOP for being wrong. Indeed, what’s far more likely is that if, as virtually all economists and budget experts currently insist, failure to raise the debt limit causes economic disaster, the likely effect within the GOP will be to enhance the prospects of those who claim that the experts don’t know what they’re talking about — and any post-limit disaster will be considered yet another sign that the experts don’t know what they’re talking about.
Back Home Just in Time for the Economic Collapse Links
* Fantasy Premier League is starting up again! Email me for our league code or leave a request in the comments.
* My old friend Julie takes the critical thinking skills she honed on the Randolph High School debate team and takes them to the Center for American Progress with a piece on the war on diversity education.
* Jaimee reviews #13 and #14 in the Carolina Wren Press poetry series.
The final section of Pratt’s collection calls on us to transcend our economic predicaments. “Street of Broken Dreams” delves into the mortgage crisis: “No way to tell who owns my neighborhood homes/ until the for-sale-by-bank signs grow overnight.” It is a poem that celebrates the people who resisted their neighborhood home foreclosures, ending with their imagined chants: “We demand. Not rabble and rabid, not shadow, not terror,/ the neighbors stand and say: The world is ours, ours, ours.”
* Also in breaking Jaimee news: her pop culture icons will be hanging in Bean Trader’s on 9th Street starting August 1.
* America eats its future: Debt Ceiling Plans Take Aim At Graduate Student Loans.
* Not-so-post-racial America: As a result of these declines, the typical black household had just $5,677 in wealth (assets minus debts) in 2009, the typical Hispanic household had $6,325 in wealth and the typical white household had $113,149.
* And House Democrats are finally starting to say what I’ve been saying all along. Even if the Republicans are capable of delivering any deal at all—which is by no means clear—there’s no deal they can offer that’s better than eliminating the debt ceiling altogether in one fell swoop. And as I’ve been saying eliminating the debt ceiling completely is now the only way left to calm the markets and prevent a potentially catastrophic downgrade:
Asian stock markets fell Thursday as uncertainty over the U.S. debt ceiling debate continued to weigh market sentiment, while concerns over a stronger yen dragged exporters in Tokyo.
“The scary part of the story is the fact that markets have not priced-in the U.S. defaulting on its debt. Should the unthinkable happen in the next week then a throw back to the chaos of 2008 would again become a reality,” said CMC Markets analyst Ben Le Brun. “Should the majority of opinion be correct and the U.S. does avoid a default, global markets do appear as if they are positioned for a relief rally of sorts. Until then investors should brace themselves for more pain.”
Correct Answer
Former President Bill Clinton says that he would invoke the so-called constitutional option to raise the nation’s debt ceiling “without hesitation, and force the courts to stop me” in order to prevent a default, should Congress and the President fail to achieve agreement before the August 2 deadline.