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Yglesias

The Platinum Coin Option

I keep hesitating to write about this because it sounds insane, but Jack Balkin’s a professor at Yale Law School so I’ll let him say it:

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.

It’s right here in 31 USC § 5112 “Denominations, specifications, and design of coins.” It’s super-prescriptive about all kinds of things until you get to section (k):

(k) The Secretary may mint and issue platinum bullion coins and proof platinum coins in accordance with such specifications, designs, varieties, quantities, denominations, and inscriptions as the Secretary, in the Secretary’s discretion, may prescribe from time to time.

It actually seems to me that there’s a colorable argument that President Obama is legally obliged to order Secretary Geithner to order the mint to start creating large denomination platinum coins. The debt ceiling is legally binding. We can’t borrow any more money. But at the same time, the Social Security Act is still valid. There are appropriations bills that extend through September. The assumption is that starting August 2, the Treasury will start “prioritizing” payments. But whence the legal authority to do that. By contrast, the legal authority to mint platinum coins is right there in the statute. This would, I assume, lead to a downgrading of American sovereign debt.

NEWS FLASH

Clergy Members Arrested At Capitol Protesting Budget Cuts | About a dozen religious leaders were arrested in the Capitol rotunda today after they refused to end their public prayers calling for “an equitable resolution to the debt ceiling debate,” according to the Presbyterian Church (U.S.A.), which organized the protest. The leaders noted that default would be catastrophic, but current plans to raise the debt limit would still include “severe spending cuts to the programs and services that support the poorest and most vulnerable people living in the U.S. and around the world.” A photo of the leaders captured by the New York Times:

Justice

Lawsuit Claims Alabama Immigration Law Violates State’s Constitution

Alabama Gov. Robert Bentley signed the nation's toughest immigration measure into law in June

Alabama’s extreme immigration law, slated to go into effect on Sept. 1, is already under fire at the federal level. Several civil rights organizations have filed a lawsuit against the law, which makes it illegal to live or work in Alabama without proof of legal residence, and a federal judge in Georgia has blocked a similar law in that state.

Now, a group of Alabamians, including undocumented workers as well as U.S. citizens who fear discrimination from the law’s enforcement, is challenging the law at the state level because they say it violates the 1901 state constitution. According to Section 30 of Article I, “immigration shall be encouraged; emigration shall not be prohibited, and no citizen shall be exiled.”

Thomas E. Drake II, the lawyer who filed the suit, said the federal challenge against the law — that it pre-empts federal immigration policy — is not needed because of the state constitution. “The fact of the matter is the Alabama constitution is significantly more liberal that the federal constitution,” he said, according to the Huntsville Times.

The laws supporters already have a plan to neutralize Drake’s suit — if the constitution does not fit the law, simply change the constitution:

Rep. Micky Hammon, R-Decatur, co-sponsor of the new law, said Republicans were delivering on a popular campaign promise and could rewrite the constitution if necessary.

“If they are challenging it due to state law, that should be something we can take care of ourselves,” said Hammon on Tuesday. “The people of the state of Alabama want this. I’m very confident that if we have to pass some type of constitutional amendment, the people will overwhelmingly support it.

Sadly, there is precedent for this strategy. When the Alabama courts held that the state’s education system did not meet its constitutional obligation to educate low-income children, the state responded by simply deleting that requirement from its constitution.

If the Alabama immigration law survives — whether by court decision or constitutional amendment — it will be the harshest state immigration statute in the nation. The law lets police officers detain those suspected of being illegal immigrations, requires schools to inquire about a student’s immigration status, and makes it a crime to transport or harbor an illegal immigrant. One of the plaintiffs whom Drake represents is the unidentified wife of an illegal immigrant. If the law goes into effect, then she would become a criminal overnight for living with her husband.

Yglesias

Don’t Blame The EPA For The Bad Economy

By Matthew Cameron

There’s a lot wrong with the U.S. economy — that much everyone can agree upon. But beyond that, there are a variety of different hypotheses about what exactly is keeping growth sluggish and joblessness high. Consider the latest theory that has been cooked up by House conservatives who are attempting to justify their assault on federal environmental regulations:

The unusual breadth of the attack, explained Representative Mike Simpson, a Republican from Idaho, is a measure of his party’s intense frustration over cumbersome environmental rules.

“Many of us think that the overregulation from E.P.A. is at the heart of our stalled economy,” Mr. Simpson said, referring to the Environmental Protection Agency. “I hear it from Democratic members as well.”

Readers will recall, however, that the latest BLS jobs data told a different story:

Indeed, mining and oil and gas extraction, which tend to be the primary targets of environmental regulation, are among the fastest growing sectors of the economy. Now, perhaps it is the case that oppressive environmental regulations are the cause of the logging industry’s unusually poor economic performance. But it seems more likely that this is due to a slowdown in new home construction, which could be remedied more effectively by boosting aggregate demand.

NEWS FLASH

Republican Senators Smear Anti-Bullying Campaign | In a cheap attempt to deflect attacks from Sen. Scott Brown (R-MA) for not participating in the Massachusetts congressional delegation’s “It Gets Better” video, the National Republican Senatorial Committee attacked the project’s founder, Dan Savage, as “lewd, violent, and anti-Christian.” As Savage pointed out in a response, he is “not the IGB project,” and moreover, “not a single GOP elected official can bring himself or herself to make a video.” Perhaps the NRSC is proud to have avoided “keeping company” with Savage, or perhaps Senate Republicans have no interest in preventing bullying whatsoever — whether in schools or the national press. (HT: AMERICAblog Gay.)

Health

The Ties That Bind? A Response to Doug Schoen

Our guest blogger is Neera Tanden, Chief Operating Officer at the Center for American Progress, who most recently served as senior advisor for health reform at the Department of Health and Human Services, advising Secretary Kathleen Sebelius and working on the president’s health reform team to pass the bill.

Yesterday as Washington was gripped by the contentious debt limit debate, Doug Schoen, a pollster by trade, took to the Huffington Post to assault the Independent Payment Advisory Board (IPAB) — a 15-member board of medical experts that was created by a provision in the Affordable Care Act. The board, whose members will be appointed by the President and confirmed by the Senate, is tasked with making binding recommendations to reduce expenditures in the Medicare system, unless Congress acts to alter the proposal or discontinue automatic implementation.

Schoen argues that IPAB will have to make steep cuts to meet annual targets. However, today, Republicans are proposing initiatives to dramatically cut Medicare, as the Ryan plan does and House Speaker John Boehner’s debt ceiling measure will likely do. Schoen says that changes to Medicare should be decided by elected officials, who will be held accountable for their decisions. But right now, members of Congress can lobby the Centers for Medicare and Medicaid Services to pay for unnecessary or untested treatments that drive up costs.

The purpose of the IPAB is to ensure policies are not based on the special interests of legislators. Indeed, the IPAB will be comprised of medical experts who can spend the time crafting policies to lower Medicare expenses while improving quality of care and Congress can override the recommendations if they choose. The question really is, do we prefer Congress making decisions on health care delivery instead of doctors, consumer leaders and other medical experts? By taking the politics out of the equation, meaningful payment reform and cost containment can be achieved, as it will not be hindered by payment providers’ undue influence. In fact, lawmakers who oppose the IPAB have received hundreds of thousands of dollars in campaign contributions from health care companies. This political sway was one of the key reasons Senator Jay Rockefeller (D-WV) constructed the IPAB model, stating “It is long past time that Medicare payment policy is determined by experts, using evidence, instead of by the undue influence of special interests.” To further ensure independence, a majority of members must be non-providers and cannot hold any other jobs. Read more

NEWS FLASH

BREAKING: Boehner postpones vote | Official word sent to House members:

**Members are advised that the House GOP Leadership has postponed the votes on the motion to recommit and final passage of S. 627 – Speaker Boehner’s Short Term Default Act (amending the Faster FOIA Act of 2011). Following general debate on S. 627, the House will consider the eight bills listed for consideration under suspension of the Rules.

Alyssa

Political Fictions

I had some skepticism about The Ides of March and how it would handle the campaign staff, rather than the politicians, which is, of course, the key to making a movie that’s actually about Washington as opposed to a movie that thinks it’s about Washington. It looks like it’s got at least that focus right:

And that scene with the tie’s got a little snap to it, reminiscent as it is of the famous coffee scene in Brassed Off.

I suppose my concern is that it’s going to be a naive movie dressed up in handsome and skeptical clothes. Ryan Gosling’s character, it seems, starts out as a fixer, develops what Primary Colors would call a “galloping case of TB” (or true believerism), loses faith in his specific candidate, but continues to believe in a pure ideal. Primary Colors, on the other hand, has a character who starts out as a fixer, develops a similar case of TB, but essentially gets inoculated and accepts that a flawed vehicle for progress is better than none — while another character literally can’t survive the disappointment of her idealism. I don’t think politics is an inherently corrupt business, because there are clearly candidates who manage to make it into office without breaking campaign finance laws or accepting bribes. But I think that in our current state of affairs, it’s almost impossible to be politically effective by behaving in an entirely attractive fashion.

Does that mean that to create change you have to work for someone who solicits prostitutes, or is accused of sexual assault, or even if they don’t do anything illegal, is manifestly icky in his personal life? Of course not. But I do think our politics could probably benefit from an acknowledgement that there’s an unviable gap between how we want politicians to behave on the campaign trail and in office. The noble candidate who will bind up our wounds, love his wife and children, behave with perfect dignity on all occasions except those where he’s forced by circumstance to display a rapier wit, and usher in a new age of peace and prosperity, is an insufferable fiction.

Economy

After Slamming Obama For Being ‘Anti-Manufacturing,’ Gingrich Campaign Caught Selling T-Shirts Made In El Salvador

In the latest embarrassment for Newt Gingrich’s floundering presidential campaign, an ABC producer discovered that Gingrich’s campaign T-shirts are not being made in America, but in El Salvador, even as Gingrich spends his time on the campaign trail calling American manufacturing “crucial” to the economy’s future. Gingich has also slammed the Obama administration for being “anti-manufacturing.”

According to the producer, Gingrich had originally said he would make sure his campaign gear was manufactured in America. Gingrich was confronted about the gear on the campaign trail as he awkwardly held up one of the shirts in question:

ABC: I just picked up that one and it was made in El Salvador…It was a big thing when we talked to your campaign people about how you wanted things to be made in America, do you have plans to change things?

GINGRICH: I have no — I’ll have to ask the folks who ordered this. I don’t order it and I don’t do it.

CAMPAIGN SPOKESPERSON: That was a rush order made by some of the volunteers.

GINGRICH: One of the challenges with a volunteer campaign is lots of volunteers do lots of different things.

Watch it:

Gingrich spokesperson Michelle Selesky tried to intervene by throwing the blame on campaign volunteers. Gingrich quickly took the cue and echoed her excuse.

On the campaign trail, Gingrich has repeatedly called for a resurgence in American manufacturing. He has denounced the EPA, the National Labor Relations Board and other agencies and regulations for “killing manufacturing jobs.” However, in March, Gingrich also made a misstep when he said that the North American Free Trade Agreement (NAFTA) worked because it created jobs — in Mexico and Canada.

Climate Progress

Comparing Approaches To Our Nation’s Big Problems

The nation is heading toward the deadline for raising the debt ceiling to avoid fiscal default. The debate has been centered around whether or not an austerity program of massive cuts in federal spending will be “balanced” by much smaller tax increases. To be honest, most of the debate has been centered around whether the Republicans are crazy enough to go forward with their bluff to allow default and thus broad economic misery, even among Wall Street, unless all of their demands — which include deficit-increasing tax cuts — are met.

The boundaries of this debate are designed to make the nation’s fundamental problems — economic inequality, underemployment, global warming, and the like — worse, not better.

Outside observers such as Al Gore, the New York Times’ David Leonhardt, and the Center for American Progress’ Joe Romm have castigated President Obama’s economic conservatism and called for a response based on sound economic and scientific theory, instead.

Here’s my summary of the different approaches to these fundamental threats to the future of the American dream:

  PROGRESSIVES OBAMA TEA PARTY
Economic Malaise, Joblessness, Inequality Massive Keynesian investment funded by progressive taxation on the rich and corporations. Hope spending from beginning of term and Fed’s quantitative easing does enough. Argue that Keynes was wrong. Austerity cuts. Massive austerity cuts, tax cuts for the rich and corporations, and privatize everything.
Global Warming Huge clean-energy and infrastructure spending funded by heavy taxes and/or strict cap on carbon pollution. Modest regulation of coal plants, increase in fuel economy standards, hope Recovery Act spending was enough. Don’t talk about it. Deny existence. Argue protection of environment is a plot to take away freedom.
Debt Default Raise the debt ceiling. Claim it’s a huge problem, push massive austerity cuts and possibly some revenue increases. Argue against simply raising the debt ceiling. Claim it’s not a problem, use fear of default to pass massive austerity cuts and privatize everything.
Long-Term Deficit Massive Keynesian investment funded by progressive taxation on the rich and corporations. Massive austerity cuts and slowing the rate of tax cuts for the rich and corporations. Massive austerity cuts, tax cuts for the rich and corporations, and privatize everything. Increase deficit.

As of this moment, the president’s negotiating stance is a lot closer to the radical, destructive goals of the far right than to the climate hawks and progressives.

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