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Robert Kuttner

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Obama Holds the Cards -- If He Will Play Them Well

Posted: 07/24/11 09:49 PM ET

Here are a couple of things to keep in mind as the great contrived national debt crisis enters its final week.

First, the Republicans are starting to lose whatever credibility they had with the broad public, as regular people finally start focusing on this story. The economic stakes are very high, President Obama was willing to give them most of the loaf, and they still wouldn't make a deal.

Second, no matter what the White House and Speaker Boehner claim, there is no way to do a big complex budget agreement between now and next week. The details are far too complex. Even the Gang of Six proposal was nothing more than broad outlines.

Third, as this drama goes down to the wire, and financial markets begin to contemplate the possibility that the United States will actually default on its debts, the pressure on the Republicans by their Wall Street allies will only grow.

At some point this week, stock and bond markets will begin to start swooning, and the usual wise guys will begin making high-risk bets at the expense of financial stability as a whole. Credit rating agencies, which should be accorded zero credibility after their role in causing the financial collapse by blessing junk sub-prime securities as Triple-A, could start downgrading the debt of the United States.

And then things will get really interesting. The President of the United States will be revealed to be holding more of the cards -- if he has the nerve to start playing his hand well (for a change).

At that point, there are only two basic choices. Either the Republicans and the White House agree to some kind of short- or medium-term increase in the debt ceiling, in exchange for some kind of deal with details to be supplied later. Or the president invokes the 14th Amendment and declares that the debts of the United States will be paid.

Under the first option, the deal could include a target figure for budget cuts, perhaps with relative tax increases and spending cuts spelled out -- perhaps not. It could also include some kind of "fast track" process for Congress to give the budget deal an up or down vote after the details are filled in.

One of the gimmicks being discussed is for a "super-Congress" that would come back with a long-term deal for the actual Congress to vote up or down -- a kind of mutant hybrid of the Bowles-Simpson Commission and the Gang of Six, on steroids.

I don't trust that end-game, because it gives too much power to all the forces of austerity that have been too dominant in this debate all year. And it creates too much risk of Democrats being stampeded to give up too much on Social Security and Medicare and get too little in the way of tax hikes on the rich in return.

The New York Times had a very instructive chart today, by the indispensable Teresa Tritch, showing that most of the budget shortfall going into the financial crisis was the result of the Bush tax cuts and wars -- and that most of the rest of it since 2008 was the consequence of lost revenues from the recession itself. It had very little to do with public spending. This is the kind of detail that gets lost in the contrived hysteria.

My guess is that the Republicans are so intoxicated with their own negativity that they will not be able to get to yes, even though Obama keeps trying to give away the store. The House Republican Caucus, in thrall to the Tea Party, is just too locked in to the premise of no new revenues under any circumstances

So then we are left with the president's powers under the 14th Amendment, an approach that Obama seemed to rule out last week, but may need to come back to.

The fact is, the ritual of Congress periodically voting to approve an increase in the national debt only dates to the World War I era. Before that, government incurred debt and rolled it over as necessary. Congress, of course, approved legislation to levy and collect taxes, but management of the public debt was the business of the executive branch.

And playing cute with the debt ceiling only dates to New Gingrich in the 1990s. Before that, increases in the debt ceiling, as necessary, were entirely pro forma votes.

The 14th Amendment, in Section 4 provides that "The validity of the public debt of the United States.... shall not be questioned." Although the 14th Amendment was part of a package of Amendments intended to resolve issues left over from the Civil War, the Supreme Court has interpreted the public debt provision as giving the president very broad authority.

The government can go on selling bonds to cover its costs as long as money markets accept them. Lately, the Federal Reserve has been helping that process along. Whether Congress has voted to increase the permissible amount of total debt is a technicality. It's not as if the government runs out of money next week.

If President Obama were to invoke that emergency authority to prevent the economy from collapsing as money markets began shunning U.S. government bonds, it is hard to imagine Republican leaders suing the president... to demand what? That he let the economy go off a cliff? And it is even harder to imagine the Supreme Court, even a Court as partisan and corrupted as the Roberts Court, voting to tie Obama's hands in an economic emergency that -- keep in mind -- is entirely contrived.

Obama, the Great Conciliator, finally showed a bit of irritation and a bit of spine this past week. It would be perverse of him to reward Republican intransigence by agreeing to an 11th hour deal that, by definition, would have to be on almost entirely Republican terms to be approved by the Tea-Party besotted House of Representatives.

Better to show some leadership in an emergency, invoke the 14th Amendment, calm money markets, and leave the Republicans sputtering mad. Obama might even come to enjoy exercising leadership.

Robert Kuttner is co-editor of The American Prospect and a senior fellow at Demos. His most recent book is A Presidency in Peril.

 
 
 
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glenn113
"I stand by what I said - whatever it was"
03:04 PM on 07/27/2011
agree. That will show his critics his leadership.
04:41 PM on 07/26/2011
"The New York Times had a very instructive chart today, showing that most of the budget shortfall going into the financial crisis was the result of the Bush tax cuts and wars -- and that most of the rest of it since 2008 was the consequence of lost revenues from the recession itself. It had very little to do with public spending. This is the kind of detail that gets lost in the contrived hysteria."

This is where Republicans are trying to rewrite history... And the dumb sheep among their ranks (unfortunately that's a lot...) are buying it, with their "Stop the spending!", "The spending is out of control!", etc. Those fools have wholeheartedly bought this fiction – hook, line and sinker... It drives me mad...
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skywalk
Socially Liberal & Constructively Financially Cons
01:14 PM on 07/26/2011
Cause of Budget Deficit: Bush tax cuts, wars & recession. Despite TP/antigovernment talk, discretionary spending is only 15% of the budget/been for decades. Bush had a budget surplus & since 2002 has grown the deficit. Obama started w/budget deficit (Bush’s) for 2009 at $1.2T, Obama added temp deficits in 2009-2010 wanting to create jobs, jobs, jobs. Fix: end Bush tax cuts/2012 (cuts budget deficit in ½), stimulates jobs & end the wars. How is cutting spending going to fix this unless it is military spending and since the wars need to be paid for – get rid of the Bush tax cuts – no one lowers taxes and starts two wars!!
12:33 PM on 07/26/2011
Time for Obama to kick the Republicans where it hurts--their big fat bloated wallets.
08:43 AM on 07/26/2011
Obama holds he cards, but its not the 14th amendment that provides it. It is the executive's perogative to prioritize the national adgenda. After default, Obama can solve the both his political problem and the country's econonomic problem almost overnight by giving the republicans exactly what they want.
He can do this by simply putting any federal spending in red districts at the bottom of the list of priorities of the spending to be paid for. Without the need to spend government monies in red districts, there will be no need to increase the debt ceiling. By removing all federal spending in red districts except that he sees as absolutely essential he can give those in GOP and Tea Party congressional districts exactly what they want: a life free of the evils of government. They will be on their own to enjoy the freedom they are clamoring for. Because red districts get more money from the federal government than they pay in, this will relieve the pressures on public programs in blue congressional districts. Of course, their may be some in red districts, who may complain that they are not getting their social security checks, funding for economic development or government services, however, they are free to either vote for representation that believes in government solutions or, as Ronald Reagan so famously noted, "they can vote with their feet".
09:47 AM on 07/26/2011
heck yeah! Can he do this? I've felt like blue districts suffered under red presidents all the time...
07:53 AM on 07/26/2011
Sorry Mr. Kuttner. The Fourteenth Amendment states, "that the Congress of the United States shall guarantee" the debt of the United States. All appropriation bills start in the Congress. Remember? The last time I checked Mr. Obama doesn't control Congress.
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HUFFPOST PUNDIT
den1953
The best politicians are for free!
09:18 AM on 07/26/2011
Your wrong it states simple the nation will pay all it's debts has nothing to do with congress nice spin though!
09:57 AM on 07/26/2011
No it reads:

"Section 4. 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."

Obama could simply decide that GOP efforts to destroy the US economy is an insurrection that threatens to enslave the middle class and poor, thereby holding all effort by the GOP illegal and void.

Alternatively, since congress failed to pay its bills, he can simply establish a priority system to pay the debt with monies available. To do this he will place all federal spending in GOP and Tea Party districts on hold until other bills are paid.

This has several advantages. It gives the GOP exactly what they want, the US government out of their lives, and the freedom to be on their own. Since red districts spend more federal money per capita than do blue districts, elimination of spending in red districts will almost immediately eliminate the need to raise the debt ceiling.

Those who complain its not fair can vote for those who believe in government or can as Ronald Reagan said, "vote with their feet".
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JimR
12:16 PM on 07/26/2011
It is far from that clear-cut. Legal experts disagree whether the 14th Amendment makes a debt ceiling unconstitutional.

http://www.abajournal.com/news/article/law_profs_debate_whether_14th_amendment_makes_debt_ceiling_unconstitutional/
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SparkyDash
Save a pretzel for the gas jets.
12:28 AM on 07/26/2011
"...it is even harder to imagine the Supreme Court, even a Court as partisan and corrupted as the Roberts Court..."

*ouch*

The best line in the article :)
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Michael Deangelo
12:23 AM on 07/26/2011
Amazing....Obama holds the cards? Republicans mired in their own negativity?...Obama gave more then half the loaf....? This guy kidding? Obama and Reid have been playing the same game but nether have a deck of cards....The GOP gave their plan...The Senate can either vote on it or reject it and present their plan...If there was a leader (a,k,a President in the White house)...He would do one thing....Work with both guys...But it comes back to the same thing...Just criticize the GOP plan and present nothing. What did Obama do? Press conf. and then another tonight - "Call your Rep"...In other words, this is how the left works..Figuring the bigger the audience, would suggest he's in the right and those "evil' Republicans in the wrong...If Obama's plan (Plan?) had any traction or was real (Not a Trillion in cuts to Defense) and some 400 Billion in cuts (to be named later)...was to present it that might something we could see...As far as Reid goes....Well, He's wetting his pants...Obama has nothing and has offered nothing...He spent and spent in 2009/10 and that that the bill has come due, he's standing there with his hand out...Forget that...No Compromise
01:28 AM on 07/26/2011
"Ignorance is bliss."
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marco01
02:06 AM on 07/26/2011
This is the result of too much time spent in the Right Wing Echo Chamber. 

"House Speaker John Boehner is rejecting President Obama’s offer to make historic cuts to the federal government and the social safety net, saying in a statement Saturday evening that he can not agree to the tax increases Democrats insisted on as part of the bargain."

http://www.frumforum.com/boehner-rejects-obamas-debt-ceiling-bargain
12:02 AM on 07/26/2011
I sometimes find something to disagree with on with Robert, but I can't disagree with him at all in this whole post. Thanks for pointing out the irony that S&P and other ratings agencies have any credibility any more. Who are *they*, anyway?

Obama folds like he's in on the deal, anyway. If he capitulates on any social programs without restoring old tax rates on the super-wealthy or getting us out of our multiple wars he is toast in the next election. Us non-wealthy will get skewered.

But we probably won't get any good choices, anyway, and not even a challenger from the Dems. Sigh.
11:41 PM on 07/25/2011
I know repugs have a problem with math and science when it contradicts their cherished irrational beliefs, but the graph shows how the Deficit got so HUGE.

President Deficit when he left office
Clinton + .15 trillion (surplus)
Bush Jr. - 1.2 trillion (deficit)
Obama - 1.25 trillion (deficit end of 2010)

now go on repugs and "refudiate" that.
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HUFFPOST SUPER USER
Michael Deangelo
12:27 AM on 07/26/2011
Amazing...Bush! Bush's fault...It was Bush!....GWB, = Evil....His fault....Big Oil Bush...

Yeah, Obama was innocent...Err, You guys do understand that Obama's been President now for a short time, don't you?...

As far as your "refutation" - I think you'll find Obama's spending habits to be more than that....
longtimegone
my micro-bio remains empty
01:42 AM on 07/26/2011
Lot's of punk-chew-ation, no facts. Bet you didn't even read the article, did you? Certainly you didn't click the link to this story:

http://www.nytimes.com/2011/07/24/opinion/sunday/24sun4.html?ref=todayspaper

Maybe if you learned to ask nicely, a friend or neighbor could help you read the graphs.
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HUFFPOST PUNDIT
marco01
02:09 AM on 07/26/2011
You guys are trying soooo hard to prevent anyone from blaming Booosh_for anything, aren't you? Do you have a guilty conscience?
HUFFPOST SUPER USER
Articulator
09:56 PM on 07/25/2011
This is yet another opportunity to come out looking like a great leader. He steps to the podium, says he is perturbed that he offered so much to the GOP and they refused, putting their own political needs above those of the people of this country, then says he's invoking the 14th amendment and scolds the GOP saying they had their chance and blew it and now he doesnt want to hear any crying and moaning. Then he walks off. He does not realize how many would be so proud of him. What a site that would be. I just dont know if he has that in him though.
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nana4g
10:36 PM on 07/25/2011
I would LOVE to see that. All of this deficit, budget stuff can get done separately. It was Republicans who demanded that it be done as a contingency to approving the vote on the debt limit.

To hell with them. Then, the President can, in a separate bill, draft his Plan he explained tonight for deficit reduction and send it to the House, then, on to the Senate. Some Repubs in the House will not vote for it; keep sending it back and forth until election time and see "what the American people want". It will be used during the campaign; I think Repubs will have a hard time selling the "no tax breaks for the wealthy on their loopholes and corporate perks".
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HUFFPOST SUPER USER
Michael Deangelo
12:37 AM on 07/26/2011
Perfect! I hope he does...We'll ask Nancy Pelosi to draw up articles of Impeachment...She seems rather good at it...Besides, It will make our Job easier....

What a Track Record for this administration...Holder and clan runs guns across the Mexican boarder with the ATF....

Kagan may be getting a invitation back to congress...The old, "What did you know and when did you know it.." and Obama will ignore law and allow his arrogance to do the talking....

So It seems possible the Dems very own, Kagan Impeached and Obama impeached, to join Clinton...(Impeached) - What a record of success that would be huh?

Well, they say good things come in three's.....
03:16 AM on 07/26/2011
More noise.
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den1953
The best politicians are for free!
10:31 AM on 07/27/2011
Some how i wish you well but should you fall ill or have a unfortunate accident that will cause you to make hard life choices as to keep your homes you seem to be proud of and Social Security and Medicare could be a life saver some Americans aren't as well off as you are, but at any given moment you could have all of that taken away from you!
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SparkyGump
Remember prohibition? It still doesn't work.
09:54 PM on 07/25/2011
I can only hope at this point.
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HUFFPOST SUPER USER
Edward Song
09:54 PM on 07/25/2011
I hope that Obama will invoke the 14th and force the Courts to order the government to default on its debts or declare default unconstitutional. Unfortunately, it is just not in Obama's nature to take such action. If Clinton were president, he would invoke the 14th because there is a chance that the GOP would back down filing a lawsuit to force the government to default (just like Congress never challenging a president when they ignore the War Powers Act), or the court would eventually rule his way. Obama doesn't believe invoking the 14th is constitutional so he will not do it.

Last year, Obama should have told the Republicans that he does not negotiate with blackmailers and that he would invoke the 14th if they attempted government default. Obama is making the same mistake that Carter made with the Iranians back in 1980. Be cool and don't make a big issue of the hostage situation. It only gives the Republicans a platform to scream their demands. Also, by being tough, Republicans would have nothing to gain by holding the economy hostage.
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HUFFPOST SUPER USER
Michael Deangelo
12:50 AM on 07/26/2011
I love the left !

a) "I Hope Obama will Invoke the 14th"....Translation; We don't abide by law!

b) "And FORCE the courts"...Translation: When the people rule against you FORCE them....

c) "If Clinton were President"...Translation: We can relay on an Impeached President!!

d) In the same sentence mine you!! "Obama , Carter"....Yeah, baby there's our #3 and #4 hitters in the line up....

e) "Republicans, holding the economy Hostage" - Translation: NO FAIR! Who said the House can put out a plan we don't like!

The Left...Always amusing....Their Motto..."If the people don't want something FORCE IT...BAN IT...I don't care Just do something, Children are staving in Korea!

Sounds like Panic to me now the bills are due...

Don't worry though...Its all part of that hope and change thing...

*Slapping my knee and laughing out loud*
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HUFFPOST SUPER USER
Edward Song
02:10 PM on 07/26/2011
Ha! Ha! Ha! You are really funny. I perfectly understand you:

a) "We don't abide by the law." Translation: We'll ignore the 14th Amendment.

b) "FORCE" Translation: Who cares how the Supreme Court would rule, we'll impeach him anyway.

c) "We can rely on an impeached president." Translation: If we don't get our way, we'll impeach him - Liberals are evil anyway.

d) "Our #3 and #4 hitters" Translation: My heroes George W. Bush who wiped away a budget surplus and Rick Perry who'll erase the debt by cutting taxes for the rich!

e) "NO FAIR" Translation: It's my way or the highway.

Sounds like you Republicans are going to pat yourselves on your backs when you cause the economy to collapse. Oh, the people who lose their jobs are just a bunch of lazy bums. Oh please give that poor billionaire a tax cut it's so unfair that Obama gave the poor a break by cutting their social security taxes. Oh and by the way, throw that kid in jail who didn't pray at school.
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PotomacOracle
The Solution:debt free credit clearing systems
09:30 PM on 07/25/2011
TIME TO INVOKE EMERGENCY POWERS...CLEAR THE AIR...AND GET ON WITH THE REAL WORK OF LEGISLATION AND MANAGEMENT OF THIS NATION.
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HUFFPOST SUPER USER
Michael Deangelo
12:53 AM on 07/26/2011
Emergency powers? hahahaha! Yeah, A REAL emergency...Just put out the plan boys...But this is how the left works...No rules to abide by....Force the will of the people.....And yes, Please invoke the 14th...We're waiting for that...

How long does it usually take for the impeachment process? Clinton would know...
HUFFPOST SUPER USER
wendynyc
It's about time!
03:50 PM on 07/26/2011
Micheal Deangko - when the facts elude you all you can think is impeachment!

Real patriotic American aren't you!

How much are you getting paid by Koch Brothers to propagate their propaganda on this site!
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HUFFPOST SUPER USER
PotomacOracle
The Solution:debt free credit clearing systems
09:23 PM on 07/25/2011
POTUS use your Emergency Powers---and tell the fiscal terrorists in the House to kiss your astericks.