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Jayson Blair's avatar

One thing I'd add to the pile is that the Supreme Court has defenistrated Congress over-and-over again and then argued it has the responsibility to fix problems in the law. A classic example are the legislative veto cases where Congrsss would pass laws up into the 1980s that enabled the President to make rules or reorganize with the caveat that Congress could override the choices. When the Supreme Court struck down the veto power in the 1980s, they left the laws in place — with powers Congress never intended the President to indelendtly hold. In the recent Slaughter case, the Court did the same thing, taking over independence of agencies but leaving zombie agencies Congress never intended in place.

What it has done is create a situation that allows the Executive to be flexible, Congress has ceded and forced to cede much of it's power. And without that power, it has few means to bargain with the Executive.

Kerry H Pechter's avatar

What if we flip this framework and focus on the mountain of assets we have built--stocks, bonds, real estate--and our daunting responsibility to maintain their unrealistic market prices so that we avoid a wicked deflation? In creating all those claims on the future, the private sector has given the public sector a task that it can't shrug off. (Does Atlas have a globe of debt on his shoulders or a globe of assets?) Assets have a better image. I'm comforted by the idea that our children and grandchildren will inherit our personal or collective assets along with our collective liabilities. BTW, It's sad and mystifying to hear Social Security pilloried. It ran a surplus for many years, and is not yet technically in the red. Retirement financing is a legitimate social problem, and a pooled solution is not the least efficient way to deal with it.

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