The ghost of Jack Kevorkian for President's Physician: 2016
Congress would have to authorize this solution in the first place...in essence this would BE the law: to make debt increases automatic unless a new law was passed to repeal it. Congress has automated things in the past. For example, the fact that social security payments are indexed to inflation and automatically increase each year is a similar type of "automatic" law. The Supreme Court has never found these unconstitutional.Although the maneuver is creative, it would very likely be unconsitutional. Article I, Section 7 states:
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
The reality is that Congress must authorize an increase in the debt ceiling. A maneuver in which the President vetoes Congress's disapproval of raising the debt ceiling will not provide that authorization in place of Congress. That Congress would fail to override the veto would not constitute authorization where authorization had not been set forth in legislation.
And once again, kudos to Mitch McConnell (I think that may be the first time I've ever said that). Boehner offered only tepid support for this idea...but at least he didn't outright oppose it. I hope that Obama gets behind this, or some variant of it. It's a face-saving way out for everyone, and it prevents scary debt standoffs from arising in the future.
Are you coming to bed?
I can't. This is important.
Someone is WRONG on the internet! -XKCD