Skip to content
Search AI Powered

Latest Stories

The Debt Ceiling Can Go Away. Bring Back the Gephardt Rule.

The Debt Ceiling Can Go Away. Bring Back the Gephardt Rule.
Chip Somodevilla/Getty Images

One thing is abundantly clear: Mitch McConnell is using the debt ceiling as nothing more than a political gun to hold the Democrats' agenda hostage. He insists, after leading the Republican party to add $7.8 trillion to the debt during the Trump years, that the bill for that largess must be something the Democrats handle alone by raising the debt ceiling.

He knows that the only way Chuck Schumer can raise the debt ceiling is to include it in the massive budget reconciliation bill, and this is a twofer for the GOP: 1) it allows them to label Democrats as the party of debt (not true, but this is politics), and 2) it gums up the budget bill because now it has to bounce between the chambers with a new provision that wasn't in it before.


There have been many proposals on how to get around this, including having President Biden take unilateral action under the 14th Amendment to declare debt ceilings unconstitutional, or even to mint a special $1 trillion coin. But the White House has said, I believe correctly, that this is a problem for Congress as the holder of the nation's purse strings to resolve.

Legal scholars are now beginning to coalesce around an old solution that might have strong political currency today. It's called the Gephardt Rule, named after a popular and effective Congressmember from the last part of the 20th century. When he was a junior member in the House back in 1979, Rep. Dick Gephardt was tasked by Speaker Tip O'Neill with passing the debt ceiling increase, a thankless job that amounted to drumming up votes to actually pay for the programs, people, and military equipment everyone had just ordered. Gephardt figured out a way, however, to rid Congress of the debt ceiling albatross: simply deem the debt ceiling "raised" to account for the budget that was just voted on and passed.

With the blessing of the Parliamentarian, this fix worked like a charm. Whenever the conference report on the budget came out, it would trigger the Rule and the debt ceiling increase was inherently and automatically deemed to have been passed to accommodate the spending and revenues in the budget. But when Republicans took back control of the House in 1995, they saw an opportunity to add political pain back into the process. They suspended the rule so that President Clinton would have to work an extra step to get the ceiling raised. And when the GOP took control of Congress in 2010, they worked to kill the rule and did so officially in 2011 in order to burden the Obama White House.

With the Democrats just barely in control today, it's time to bring the Gephardt Rule back. As Florida State law professor Neil H. Buchanan recently wrote, when the reconciliation bill top-line amount is finally settled upon next month, legislators should simply add the provision, "As appropriate, the Secretary of the Treasury shall compute and is authorized to adjust the borrowing limit to prevent the United States from defaulting on the obligations created under this and previous fiscal measures."

This solution has the added benefit of not putting a dollar limit on the debt ceiling or even actually suspending it. It hands the computations over to the Treasury Secretary and it makes the process no big deal. Professor Buchanan even suggests, for political messaging, that it be called something like the "America Always Pays Its Bills Law."

Other legal experts have begun to weigh in with approval. Professor Laurence Tribe, who reviewed the proposal, called it "a smart way out of the debt ceiling mess" and urged Congress to "include this sentence in the reconciliation measure to call McConnell's bluff." If there are concerns about the timing of the bill, it seems reasonable to assure that this could also be a clean amendment, supported by all 50 Democrats long in advance, that the Democrats promise to add during the Vote-a-Rama process.

McConnell is likely well aware by now that his game of Russian Roulette can be shut down with a reinstatement of the Gephardt Rule. So by insisting that Democrats go it alone on the debt ceiling, he is hoping only to force them to hurry and stress over the big budget bill, which now must come together before a default occurs around October 18. But this pressure might actually play into Schumer's hand by giving him added leverage against the two holdouts in his conference, Sens. Joe Manchin and Kyrsten Sinema, whose big corporate backers most certainly do not want to see chaos in the markets.

More from News

Screenshot of Ted Cruz
C-SPAN3

Ted Cruz's Epic Freudian Slip About 'Pedophiles' During Senate Speech Resurfaces—And Oof

Texas Republican Senator Ted Cruz was widely mocked for an October video that resurfaced and showed him offering some bipartisan advice during a Senate hearing, only for his advice to go completely off the rails after an awkward "verbal slip" that made him look as if he was defending "pedophiles."

That's really not the best look considering what we know from the latest release of documents related to the Epstein files, which contain information about some of President Donald Trump's former friend and associate Jeffrey Epstein's most high-profile clients and enablers. The late disgraced financier was a convicted pedophile and sex trafficker.

Keep ReadingShow less
Close-up of a man slipping an engagement ring on a woman's finger.
Photo by Andre Jackson on Unsplash

Guys Who Asked For A Parent's Permission To Marry And Got Rejected Share Their Stories

There is a time honred traditon of guys asking the parents of the woman they love for her hand in marriage.

The tradition has dissipated over generations.

Keep ReadingShow less
A man standing in front of a classroom full of students
boy in black hoodie sitting on chair
Photo by Taylor Flowe on Unsplash

People Break Down The Most Unhinged Thing A Teacher Ever Did In The Classroom

A good teacher will leave a lasting impression in our lives.

Though, it would be an accurate statement to say that bad teachers also have the ability to leave lasting impressions.

Keep ReadingShow less
Catherine O’Hara appears at a public event (left) alongside a still of the actor as Cookie Fleck holding her Norwich Terrier, Winky, in Best in Show (right).
Unique Nicole/WireImage; Warner Bros/Courtesy Everett Collection

Westminster Dog Show Honors Catherine O'Hara With Tribute During Norwich Terrier Judging—And We're Sobbing

Catherine O’Hara has been remembered and eulogized for her unforgettable work across film and television—from Home Alone to The Nightmare Before Christmas to Schitt’s Creek. This week, she was honored somewhere unexpectedly perfect: the Westminster Dog Show.

Days after the legendary comedic actress died at age 71, the Westminster Kennel Club paused its 2026 competition to celebrate her iconic role in Best in Show, the beloved Christopher Guest comedy that immortalized the eccentric, campiest of camp world of competitive dog shows.

Keep ReadingShow less
Kid Rock's Lyrics About Liking Underage Girls Resurface After He's Set To Headline Alternative Halftime Show
Todd Kirkland/Getty Images

Kid Rock's Lyrics About Liking Underage Girls Resurface After He's Set To Headline Alternative Halftime Show

You've probably heard that conservatives are having a meltdown because—gasp!—PUERTO RICAN star Bad Bunny is headlining the Super Bowl halftime show. Won't someone think of the children?!

Well, the sociopaths at Turning Point USA apparently have, though not in the way conservatives are usually caterwauling about.

Keep ReadingShow less