General Discussion
In reply to the discussion: The validity of the public debt of the U.S.....shall not be questioned (14th Amendment) [View all]Yo_Mama
(8,303 posts)Budgeted spending is not debt. Borrowing is debt. Only Congress has the authority to borrow under the US Constitution.
Your argument appears to be that authorized spending is implicit authorization of debt, but that argument must fail under all known rules of constitutional interpretation, because Congress has already explicitly said that it is not because Congress has passed the debt limit.
Congress has the power to remove the debt limit, but until it does the idea that any SCOTUS would decide that authorized spending = the power to borrow money is flatly ridiculous. This is a fairly standard separation of powers question, and Congress has traditionally decided separation of powers cases between the executive and the legislative branches by reference to first enumerated powers, and then, when the enumerated powers have any element of shared responsibility, by seeing whether Congress has explicitly ruled on the matter.
In this case, your assumption that the authorization to spend given to the Executive is equivalent to the power to raise revenue by borrowing money fails on the following counts:
The powers discussed are enumerated separately in the Constitution (meaning that they are separate powers),
The powers discussed are all assigned to Congress (the Executive may not spend on its own authority, tax on its own authority, raise revenue on its own authority, or borrow on its own authority)
Congress has passed an explicit limit on the public debt, thus explicitly negating any possible argument that Congress "meant to" authorize the Executive to raise debt if a shortfall in revenue occurred.
By definition, the sole power to borrow must include the power not to borrow, and therefore if Congress passes a law saying that the debt limit is such and such, the Executive cannot possibly go out and borrow money that exceeds that authority. It can do what Treasury will now do - which is move money around among accounts and so forth - to continue authorized spending WITHOUT raising debt It cannot borrow.