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Silent3

(15,909 posts)
4. Biden absolutely can ignore the debt ceiling...
Tue May 9, 2023, 05:28 AM
May 2023

...and leave it to Congress to take him to court. It doesn't have to be the other way around.

And I love that filing such a lawsuit would be a matter of Congress petulantly insisting that the court must plunge the country into economic chaos to be on the correct side of the law.

This is definitely a dire situation where the best thing is to save the economy first and let the courts sort it out later, rather than cave to a hostage-taking tactics of nihilistic Republicans, giddy about forcing a crisis one way or another.

3 - If that law was unconstitutional - then the debt ceiling would go away... but so would the executive branch's ability to issue any debt at all without explicit congressional approval.


Laws are sometimes found to be unconstitutional in part, without being thrown out completely. That's what saved the ACA from being completely gutted when provisions were found unconstitutional.

It perhaps can also be argued that, since the 14th Amendment was enacted after Article 1, Section 7, that the requirement to honor US debts supersedes Congressional authority to impede the honoring of that debt.

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