That, plus what constitutional law professor Lawrence Tribe said: the law creating the debt ceiling is not only unconstitutional due to violating the 14th Amendment, it is contradicted and superseded by all the unbalanced budgets passed by Congress since then. The President’s constitutional duty to faithfully execute the law applies to a…
That, plus what constitutional law professor Lawrence Tribe said: the law creating the debt ceiling is not only unconstitutional due to violating the 14th Amendment, it is contradicted and superseded by all the unbalanced budgets passed by Congress since then. The President’s constitutional duty to faithfully execute the law applies to all the budget laws passed by Congress. If he has to choose between the budgets and the unconstitutional debt ceiling, the budgets win.
The whole R extortion is based on the idea that because the President is obligated to follow the law, without raising the debt ceiling the country has to go into default because there is no explicit authorization to borrow more money. Among other problems, that idea ignores the President's obligation to faithfully execute all the laws that direct spending money on all the things the government does. If Pres.Biden were to direct Treasury to default for lack of a debt ceiling increase, he would be in violation of all the laws that direct spending money on government programs. The choice is not 'obey the law or not', it's actually 'obey one law or obey all the others [about spending].' In addition, the debt ceiling process has always been in violation of the 14th Amendment provision that the full faith and credit of the United States shall not be questioned.
What I am saying here comes from constitutional law professor Lawrence Tribe. Here is a link to the original, with no paywall: https://tinyurl.com/mue56mkj
If you prefer the longer, original link, here it is:
That, plus what constitutional law professor Lawrence Tribe said: the law creating the debt ceiling is not only unconstitutional due to violating the 14th Amendment, it is contradicted and superseded by all the unbalanced budgets passed by Congress since then. The President’s constitutional duty to faithfully execute the law applies to all the budget laws passed by Congress. If he has to choose between the budgets and the unconstitutional debt ceiling, the budgets win.
Don't understand the last sentence.
The whole R extortion is based on the idea that because the President is obligated to follow the law, without raising the debt ceiling the country has to go into default because there is no explicit authorization to borrow more money. Among other problems, that idea ignores the President's obligation to faithfully execute all the laws that direct spending money on all the things the government does. If Pres.Biden were to direct Treasury to default for lack of a debt ceiling increase, he would be in violation of all the laws that direct spending money on government programs. The choice is not 'obey the law or not', it's actually 'obey one law or obey all the others [about spending].' In addition, the debt ceiling process has always been in violation of the 14th Amendment provision that the full faith and credit of the United States shall not be questioned.
What I am saying here comes from constitutional law professor Lawrence Tribe. Here is a link to the original, with no paywall: https://tinyurl.com/mue56mkj
If you prefer the longer, original link, here it is:
https://www.nytimes.com/2023/05/07/opinion/debt-limit.html?unlocked_article_code=yoHKTZLEWXBXSx15GefIANFAaBZ6ntkJ_Sgml7lCf570iZdDXo1EwOsWQ41JaMJ1vteXBow9UVfjwZIMC3s9HtkGQ77PkdjdRCwlFNYCHATh0Zd0x9yn6VTI6pRPO-zD7xUgZfCY8ZlfatcYWGdk1a7uTOGqMDA_l0YfNKb6YWHb9FBYxnN1CpNUjj_QxBDqWzqCms68IToSa1hELt0qnhsAAGF_C1nkTDuUpi7Ue_NuRBUu02_YtGHFgyFRwZo5HxkEuHEcHOggr5RbiRKShPSr3p6iikIEfnQCenIoUp4hVLkofWr4GEFWPy7VyIQ6TlqS5w&smid=url-share