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Laurence Tribe nails it on the debt ceiling. It has always been unconstitutional [1]
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Date: 2023-05-08
So Lawrence Tribe has made a fascinating argument against the debt ceiling that is pretty spot on, and I think gives Biden the authority to act unilaterally to prevent catastrophe. The argument was put forth in the New York Times so it is behind a paywall but if you have access check it out. For me The quote below sums up the key elements of the argument.
The right question is whether Congress — after passing the spending bills that created these debts in the first place — can invoke an arbitrary dollar limit to force the president and his administration to do its bidding. The Debt ceiling has always been unconstitutional; its a usurpation of Presidential power.Congress cannot simultaneously authorize spending but then cause default if the Exec branch spends authorized dollars.
Here is the link.
The fact is, The founders from the time of Hamilton were very clear that the U.S. must pay its debt. The 14th amendment enshrines this into law, and the fact is this money was authorized to be spent by congress. It is time for Joe Biden to take McCarthy’s gun away.
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https://www.dailykos.com/stories/2023/5/8/2168178/-Lawrence-Tribe-nails-it-on-the-debt-ceiling-It-has-always-been-unconstitutional
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