E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
During the debt ceiling showdown this summer, I argued that, in the event that the Treasury could not meet our debt obligations, the President would have the authority to borrow unilaterally to prevent a violation of Section Four of the Fourteenth Amendment, which says that "The validity of the public debt of the United States, authorized by law . . . shall not be questioned."
I've changed my mind. In revising this draft on the Gold Clause Cases, I reread the briefs in those cases that addressed the Section Four question and now feel confident that a temporary and relatively short suspension of bond payments cannot violate that provision because only a substantial default or repudiation is barred. The point that I failed to grasp was that the earlier Legal Tender Cases did not discuss Section Four, which is a telling omission because the changes in the monetary system in the late nineteenth century did injure bondholders. Feel free to download the draft if you want to read more. Posted
11:56 PM
by Gerard N. Magliocca [link]
This is so exciting! Can't wait for the Special Friends edition.Thanks for the links big bro!I just want to say that you're doing a great job, keep it up!
Thanks for posting this. Besides the substance, it's good to see scholars actively reconsidering their positions and acknowledging mistakes even when there's no partisan advantage in doing so.