Fox News legal analyst Andrew Napolitano falsely claimed that Congress' decision to raise the debt limit means that President Obama can now “spend as he wishes,” even though the debt limit only affects the government's ability to meet past financial obligations, and government spending has always been checked by congressional allocations.
A day after Congress agreed to a deal that would end 16 days of government shutdown and avert the financial crisis that would have resulted from a failure to raise the debt limit, Fox & Friends co-host Steve Doocy asked Napolitano to comment on whether the decision to raise the debt ceiling was “a deal or raw deal.” In response, Napolitano summarized: “because the Democrats bullied the Republicans last night, they have the ability to borrow more money and the president can spend as he wishes for another 90 days.” Meanwhile, an on-air graphic framed the congressional deal as a “borrowing binge.”
But Napolitano misrepresented the way that government spending functions. As the Government Accountability Office has previously noted, the debt ceiling places a “limit on the ability to pay obligations already incurred.” Raising the debt ceiling would only allow the government to meet "existing legal obligations," which, as Federal Reserve Chairman Ben Bernanke has pointed out, does not authorize new spending.
Furthermore, Napolitano's claim that reopening the government would allow Obama to “spend as he wishes” is a common right-wing myth that has been repeatedly debunked. As PolitiFact noted, "[o]nly Congress can appropriate money. Obama can only spend what he's given." The "Power of the Purse" is a congressional responsibility that places restrictions on the executive branch's ability to spend.
The idea that a debt ceiling deal amounts to a “blank check” is a right-wing talking point frequently parroted by the media. Indeed, Fox has previously suggested that a debt ceiling increase would allow the president to take over Congress' power to dictate spending.