Class Nine-- Thursday, January 14, 2016 | Howell E. Jackson | August 19, 2015

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Class Nine-- Thursday, January 14, 2016

Original Creator: Howell E. Jackson Current Version: Howell E. Jackson Show/Hide

Today we will take up debt ceiling, starting first with Michael W. McConnell, The Origins of the Fiscal Constitution & Howell E. Jackson, The 2011 Debt Ceiling Crisis Revisited, from Is U.S. Government Debt Different (2012). You should also read over pages 18-62 of Jeremy Kreisberg & Kelley O'Mara, The 2011 Debt Limit Impasse: Treasury's Actions & The Counterfactual – What Might have Happened if the National Debt Hit the Satutory Limit (September 4, 2012) (Briefing Paper No. 41).

Team Assignment (Teams CGK): Please write a short (3-5 page) memorandum assessing whether the next Secretary of the Treasury should invest effort in a contingency plan to prioritize federal expenditures in a more rational manner should another debt ceiling crisis occur during the next presidential administration. Assuming the Department were to develop such a contingency plan, what system of prioritization should plan follow?

A student briefing paper on the “Gold Clause Cases” and their implications for government borrowing today is also included as background reading.

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January 10, 2016

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Howell E. Jackson

James S. Reid, Jr. Professor of Law

Harvard University

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