AquaCityBoy
Veteran
It's not happening.Actually it would
Laurence Tribe explains how 14th Amendment can help Biden avoid default
Constitutional scholar Laurence Tribe says in requiring the president to pay U.S. debts it supersedes debt-limit law, breaks impasse over GOP demands.news.harvard.edu
GAZETTE: Could Congress argue that by ignoring the debt ceiling President Biden is usurping its “power of the purse”?
TRIBE: Not easily. He isn’t threatening to spend money that Congress hasn’t authorized and appropriated the way Secretary of Health and Human Services [Sylvia Mathews] Burwell did in 2015 with respect to the Affordable Care Act, leading the House of Representatives to sue her in a case that today would clearly require both the House and the Senate to join as plaintiffs because the Supreme Court in 2019 held, in a case brought by the Virginia House of Delegates, that a single House of a bicameral legislature “lacks capacity to assert interests belonging to the legislature as a whole.”
Obviously, today’s Senate wouldn’t join the House in suing President Biden but, if it would, the claim would have to be not that he’s spending money without congressional authorization but that he’s letting the Treasury Department borrow money Congress hasn’t authorized it to borrow under the power that Article I, Section 8, Clause 2 gives Congress to “borrow Money on the credit of the United States.” And such a suit would put any court in a terrible bind because it would have to choose among options none of which would leave all the laws of the U.S. intact.
Either the laws creating duties to individuals and corporations to whom the U.S. has a debt would be abrogated, in violation of the 14th Amendment, or the law capping what Treasury can borrow would be abrogated, in violation of that one law. A presidential choice to abrogate that one law instead of all the others — and the Constitution to boot — would be hard for any court to overturn.
Biden is already caving on the work requirements. He'll cut a deal with McCarthy because he agrees with him.