It's likely that early this year we will once again see another debt ceiling crisis, with Republicans in Congress threatening the credit of the United States in order to win unpopular policy concessions. One increasingly popular idea for getting out of this cycle of hostage-taking is for the president to mint a trillion-dollar platinum coin that would allow the federal government to meet its outlays even if Congress refuses to lift the debt ceiling to allow the executive branch to cover the expenditures is has already required.
In a recent column, George F. Will attacked Pamela Karlan's recent Harvard Law Review essay "Democracy and Disdain." Objecting to the Stanford law professor's many examples of Roberts Court conservatives reflecting disdain for the work of Congress, Will asserts that Karlan "misses the point of judicial review." Karlan, Will charges, assumes "that restraints on its power are presumptively anti-democratic." Will, however, misunderstands the point of Karlan's brilliant essay.
The Supreme Court's most recent year will be remembered primarily for one blockbuster case: NFIB v. Sebelius, in which the Court narrowly upheld the Patient Protection and Affordable Care Act (ACA). This is justified—it's hard to overstate the impact of striking down a sitting administration's crucial legislation for the first time since the New Deal. Given that assembling legislative majorities for new health-care legislation is not likely to be possible again for many years, striking down the most important domestic legislation since the Great Society would have had devastating consequences for the millions of Americans who would have been denied access to health care for the foreseeable future.
The horrific mass killing of elementary schoolchildren in Newtown, Connecticut has served as another reminded that the United States is an unusually violent country. And the evidence is overwhelming that lax regulations of private firearms plays a major role in this unnecessarily high rate of violent death. And yet, it is very unlikely that any federal legislation will be passed in response to the Newtown killings, let alone regulations comparable to those in other liberal democracies.