But despite some similarities in logical terms, laws in their actual RL application are not code in a machine. So let’s say that the president directs the Treasury Department to always reserve enough money on hand to pay interest payments on time. For it to actually matter that this is technically illegal, if it really even is, someone would have to sue to try to force the government to default instead, right?
Assuming someone with actual standing (perhaps someone who was affected by another program that got less funding) was willing to file such a suit, the courts and ultimately* the Supreme Court would have to declare that the government must default rather than choosing where to put its money. I wonder if five of them would really be willing to do that.
And in any case, I still see no justification for media reporting that the moment the debt ceiling is not raised (after a Treasury-declared deadline, that is), the government goes into default. Shouldn’t they instead be saying “it’s not clear what would happen, but many experts believe it could result in default on our debts”? Or at the very least, shouldn’t there be an occasional reference to “some believe that it would not necessarily mean default per se”? Instead, it is presented as though the vote to raise the debt ceiling is literally exactly the same as voting “not to default”.
Look, I’m a Democrat and I recognise that this is of benefit to our side if it is framed this way; but there is some small part of me that still prizes accuracy over partisan gain. Besides, what if the House GOP does not blink in this game of chicken, and then it turns out the president and Treasury Department “suddenly figure out” a way to keep from defaulting? It will really make the media look like they were Democratic dupes, and “the boy who cried Wolf” effect will come into play if there is some truly catastrophic situation facing us in the future based on a congressional decision.
Besides, there is plenty of real pain that could come out of such a situation and force the GOP, or at least a large enough percentage of it including the leadership, to back down. I think one of the most justifiable ways of approaching this would be to pay the interest on the debt, then pay everything else at the exact ratio of remaining government revenue to legislated outlays. I’m guessing this might be somewhere around half?
So the president and his staff (top staff anyway), and whatever other politicians value their skin, volunteer not to take any salary until the debt ceiling is raised. But then anyone who does not so volunteer gets a half paycheck, and vendors get a half payment plus an IOU, and decide whether to be willing to provide goods and services on that basis. Similarly, Medicare would pay out half of its already low doctor payments; and, most significantly of all, members of the armed forces and Social Security recipients would get half their normal checks. How many hours would that last before the Republicans crumble?
*Or maybe it would go directly to the SCOTUS?