The Constitutional solution to the fiscal cliff.
It's simple, really. We just follow the rules.
What rules, you ask? Well, that's simple. The rules set forth in our Constitution that explicitly describe how this process is supposed to work.
It works like this:
All spending bills must originate in the House. The Republicans control the House, so it is up to Speaker Boehner to pass a budget. The President can advocate or advise, but he essentially has no Constitutional role in this process until the very end.
But Boehner isn't free to just pass any old budget that he wants. No. That would be too easy. There are two hurdles that must be overcome.
The first hurdle is the fact that the budget must pass the Senate. Because of this Constitutional requirement, Boehner must pass a more liberal budget than he and his caucus would like. They must pass a budget just liberal enough to get the 51st vote in the Senate. Since that seat is currently held by a Democrat, it will have to be a budget acceptable to a moderate Democrat. He should probably figure out exactly which Senators he will need, and go ahead and involve them in the drafting of the legislation.
The other hurdle is a Presidential veto. But that isn't going to happen. I believe President Obama will sign any budget that passes Congress with at least a little bipartisan support. But if the President were willing to use the veto, Boehner would be forced, under the Constitution, to gather even more Democrats into his coalition in order to override. That would mean an even more liberal budget. This sort of compromise is what the founders intended, and it is the only Constitutional way a budget can be produced.
If the Republicans in the House want a more conservative budget than this process would deliver, their only Constitutional recourse is to campaign for more Republicans in the Senate next time.
Refusing to pass a budget is not an option. Refusing to honor the nation's debt is not an option. Holding hostages is not an option. If we give-in to hostage taking, we will have violated our oath to the follow the Constitution and we will have turned our back on the democratic process.
It's up to the Republicans to prepare a budget that can pass both houses. Until they do that, any consequences of inaction are their fault. The President's only responsibility is to decide whether to sign a budget or veto it. But until an actual budget arrives on his desk, that is a moot point altogether.