The U.S. Government’s Debt: Federalism Unbalanced

On May 5, 2025, the debt of the U.S. Government stood at $36.21 trillion, $28.9 trillion being held by the public and $7.31 trillion being intragovernmental. That total is $1.66 trillion more than the total federal public debt on May 5, 2024. Projected interest payments of $952 billion in fiscal year 2025 would be 8 percent higher than the interest payments made in 2024. By comparison, the U.S. budget for national defense in fiscal year 2025 totaled $892.6 billion. Whether going to investors of treasury bonds or defense contractors and other corporations, the combined $1.85 trillion for fiscal 2025 represents a transfer payment to the wealthy from American taxpayers rich, middle-class, and poor. Meanwhile, Republican lawmakers in the U.S. House of Representatives passed a bill in May, 2025 that would subject Medicaid and food assistance to significantly less money and subject the States with having to spend more on the administration of those programs. Principles of political ideology reside just below the surface. My task here is to flush them out and relate them to each other, rather than to impose my own ideology.

The full essay is at "The U.S. Government's Debt."

The Debt-Ceiling vs. the Fiscal Cliff as Negotiating Leverage

It is likely a drawback of democracy that hard decisions—that is, those in which fixing the problem goes against instant gratification or financial advantage—get pushed back, or “kicked down the road,” rather than addressed in a definitive way such that difficult problems are fixed. This structural problem can be seen in how Congressional leaders and the U.S. President delayed the “fiscal cliff” for two months at the beginning of 2013. More generally, the political tactic of holding the federal budget and the debt-ceiling as ransom evinces a fundamental flaw in democracy itself.

The full essay is at "Structural Flaws of Democracy."

On Leveraging the U.S. Debt Ceiling: How the Market Mechanism Handles Trust

On May 9 2011, U.S. House Speaker Boehner insisted “on trillions of dollars in spending cuts, and no tax increases, as the price for rounding up enough votes to allow more borrowing and prevent the country from defaulting on its debt,” according to the Huffington Post. The Ohio Republican had “said failure to increase the borrowing limit [in the summer of 2011] would trigger a financial disaster for the United States and the world.” On May 12^th in Congressional testimony, Ben Bernanke, chairman of the Federal Reserve Bank, cautioned against using raising the debt ceiling as leverage for getting a particular partisan policy-prescription on federal spending enacted into law. Richmond Fed President Jeffrey Lacker had told Reuters, “I do share the chairman’s concern that going up to the edge and playing chicken on the debt ceiling is not a wise strategy.”

The full essay is at "Leveraging the U.S. Debt Ceiling."

Can the U.S. President Unilaterally Raise the Debt Limit?

Does the Fourteenth Amendment to the U.S. Constitution give the president authority to order the Treasury Secretary to raise debt above the existing debt limit? I contend such authority does not exist, at least as of 2013.

In December 2012, Jay Carney, the White House spokesman, had “flatly renounced the 14th Amendment option, saying: ‘I can say that this administration does not believe that the 14^th Amendment gives the president the power to ignore the debt ceiling — period.’”[1] During October 2013, Wall Street, including investors and bank executives, was quietly coming to the opposite conclusion. Of course, fear of a declining stock market in the wake of a governmental default means that the financial sector has a strong financial interest in forestalling default by finding sufficient presidential authority in the Fourteenth Amendment.

   Are these Wall Street execs qualified, whether by virtue of their jobs or wealth, to advise the White House administration on matters of constitutional interpretation?   Image Source: Jason Reed/Reuters

“At the end of the day if there is no action and the United States has a default looming, I think President Obama can issue an executive order authorizing the Treasury secretary to make payments,” said David Kotok, chief investment officer of Cumberland Advisors. “There’s always been more flexibility in the hands of Treasury than they’ve acknowledged.”[2] Kotok could cite some lawyers teaching in American law schools who claimed that “the president could essentially ignore the debt limit imposed by Congress, because the 14th Amendment states that the ‘validity of the public debt of the United States, authorized by law,’ including for debts like pensions and bounties to suppress insurrections, ‘shall not be questioned.’”[3] Authorized by law is the key to unpacking the fourth section of the amendment. The relevant passage in the section states: “The validity of the public debt of the United States, authorized by law, . . . shall not be questioned.”[4] Let’s unpack it.

The validity of the debt incurred and being held by the Federal Government shall not be questioned. The reference in the section to debt incurred to suppress insurrection or rebellion provides a hint as to at least one of the section’s purposes. The amendment was ratified in 1868 in the wake of the war between the USA and CSA. Affirming the validity of the U.S. Government’s debt implies that the debt incurred by the CSA was not valid and thus not an additional obligation foisted on the U.S. Government. In any rebellion, moreover, the validity of the government’s debt is naturally subject to dispute, thus lessening its credibility even among citizens not in rebellion. So the section acts to fortify by exclusion the validity of U.S. Government debt. The question then becomes, which debt?

Is any debt that is incurred by the U.S. Treasury automatically to be regarded as valid? Here we have arrived at the crux of the matter. The “authorized by law” clause in the section qualifies the public debt that is valid to that which has been authorized by law. Having only a veto legislatively, the president cannot make law. That is the legislature’s task in the system of separated powers. Debt that is incurred without legislation passed by Congress—such as by an executive order by the president—is not valid because such debt is not “authorized by law.” In fact, section five gives Congress the “power to enforce, by appropriate legislation, the provisions of” the amendment.[5]

Obviously financial and political interests go into how various parties interpret the amendment. Even so, it is odd that rational beings would ignore “authorized by law” and conclude that an executive order is sufficient. Yet it is conceivable that given the severe economic and political impact of governmental default, some might argue as a political analyst has done that “(d)esperate times require desperate measures.”[6] In other words, the end justifies the means.

I suspect that Wall Street executives would find it rather easy to justify to themselves that the ends justify the means. In this case, the means involves overlooking a clause in the amendment’s fourth section, and thus violating logic and reasoning as if with impunity—as if knowledge itself were valid only where it serves a particular financial good.

---

1. Nelson D. Schwartz and Charlie Savage, “Wall St. Fears Go Beyond Shutdown,” The New York Times, October 2, 2013.

2. Ibid.

3. Ibid.

4. Legal Information Institute, Cornell University Law School (accessed October 3, 2013). http://www.law.cornell.edu/constitution/amendmentxiv

5. Ibid.

6. Nelson D. Schwartz and Charlie Savage, “Wall St. Fears Go Beyond Shutdown,” The New York Times, October 2, 2013.

The Debt-Ceiling Disaster Flick, Hollywood-Style

During the last two weeks of July 2011, the American media was focused on the debt-ceiling negotiations. In the midst of a summer with plenty of natural distractions, an increasing number of Americans were cluing in to find their federal government at a stalemate as the clock ticked to a possible economic catastrophe said to begin on 12:01am on August 3, 2011. The U.S. Treasury department had estimated that it would run out of ways to make up for the lack of additional borrowing authority on August 2^nd.  To the media, that meant a clock ticking down to 12 midnight. In actuality, tax revenues were up so the actual date was said to be around August 10^th. In any case, the U.S. would not implode at precisely 12:01am on August 3^rd by any account, yet that made better drama, which in turn increased viewership.

The full essay is at "The Debt-Ceiling."

A Self-Inflicted Compromise on the Debt-Ceiling in the U.S.

On August 1, 2011, the Republican and Democratic Congressional leaders and the Democratic President came to an agreement--a compromise of sorts--on raising the debt-ceiling and spending. According to the deal, cuts of roughly $920 billion over ten years would be followed either by adopting a twelve-member Congressional committee's recommendations (including possible cuts and revenue increases) or watching another round of automatic across-the-board spending cuts. Structurally, this arrangement is unbalanced with respect to the nature of compromise between the two parties. In short, it proffers a relatively easy out for the Republicans.

The full essay is at "A Self-Inflicted Compromise."