Laurence Tribe nails it on the debt ceiling. It has always been unconstitutional [View all]

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Last edited Tue May 9, 2023, 03:20 AM - Edit history (1)

Laurence Tribe nails it on the debt ceiling. It has always been unconstitutional

by sharecare
Community (This content is not subject to review by Daily Kos staff prior to publication.)
Monday, May 08, 2023 at 2:14:40p EDT

https://m.dailykos.com/stories/2023/5/8/2168178/-Lawrence-Tribe-nails-it-on-the-debt-ceiling-It-has-always-been-unconstitutional

"SNIP........

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.

.........SNIP"

And this:

"SNIP........

Ignoring one law in order to uphold every other has compelling historical precedent. It’s precisely what Abraham Lincoln did when he briefly overrode the habeas corpus law in 1861 to save the Union, later saying to Congress, “Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated?”

.........SNIP"

https://www.nytimes.com/2023/05/07/opinion/debt-limit.html